HOW WE ARE 
IN AL 
AND THE 



M£ BAIN and HILL 





Class 1^\ HS^S 

Book 



Copyright^ 



M * 



COPYRIGHT DEPOSIT. 



HOW WE ARE GOVERNED IN 



ALABAMA AND THE NATION 



BY 



HOWARD LEE McBAIN, M. A., Ph. D. 

ASSOCIATE PROFESSOR OF MUNICIPAL SCIENCE 
IN COLUMBIA UNIVERSITY 

AND 
ISAAC WILLIAM I1ILL, M. A., LL. D. 

DEPARTMENT OF AGRICULTURE, WASHINGTON, D. C. 

FORMERLY SUPERINTENDENT OF EDUCATION 

OF THE STATE OF ALABAMA 



ILLUSTRATED 



REVISED EDITION 



Richmond. Va. 
The Bell Book and Stationery Company 

1914 



V 



v 



Copyright, 1908, by 
Howard Lee McBain and Isaac William Hill 

Copyright, 1914, by 
Howard Lee McBain and Isaac William Hill 



DEC 30 1914 

©CI. A 391 181 






Co PREFACE 



This brief text-book on government has been prepared to 
meet the needs of the public school children of Alabama at 
: the sixth and seventh years of their work. The plan and 
scope of the work, as well as the manner of presenting the 
subject, mark a wide departure from the time-worn 
methods of elementary text-books on so-called " civil 
government" — a departure which the authors believe to be 
instinct with the educational demands of the hour and with 
the vitality and importance of the study. 

The general plan of the book rests upon a universally 
accredited principle of the science of teaching; it proceeds 
from the known to the unknown, from the near to the 
remote. For this reason, Part I of the book serves to 
introduce the pupil to some of the basal concepts of his 
own community life, leading him naturally to the study of 
local and central government in his own State. Part II 
deals with the government of the nation, emphasizing 
those national activities with which the pupil is more or less 
familiar, and explaining simply and clearly the delicate 
adjustment of relations between the government of his 
State and the government of his nation. In other words, 
the book attempts, as an introduction to the study of poli- 
tics and government, to give the child an intelligent com- 
prehension of the meaning of government and an under- 
standing of how he is governed in his own State and nation. 
It is in no sense a sacrifice to an extreme States' rights 
idea ; it is the application of a pedagogical principle that is 
at once all-comprehensive and fundamental. The authors 
are profoundly convinced that in the presentation of this 

5 



PREFACE 






most important subject, the demand is insistent that we 
should in every case begin with the immediate community 
life of the child and from this work out to the larger con- 
cept of the nation. 

In the manner of approaching the subject the authors 
have been moved by the further conviction that the elemen- 
tary teaching of "civil government" will always be a bug- 
bear and a failure unless its chief purpose is to relate the 
child in an intimate and personal way to the activities of 
government. To the pupil of less than high school age the 
powers and the functions of the State auditor or the organi- 
zation of, and procedure in, the civil courts of the State are 
very dry subjects indeed, and very naturally so. But if he 
lives in a city, he probably takes a lively interest in the fire 
department, in the police, in the many things the city 
undertakes to do for the health of the community — things, 
such as a sewerage system, which he knows about but has 
perhaps never thought to ascribe to the government. Or 
if he lives in the country, he is doubtless vitally interested 
in what, his county is doing to improve roads or to pro- 
vide schools. It has been the conscious purpose of the 
authors in the first six chapters of this book to make the 
child above all else, see the government as a real, active 
thing about him, a thing of which he is a part. 

It is only after the pupil's interest has been thoroughly 
aroused to note the many operations of the government 
that the effort is made to show him how the government 
of his State is supported, organized, and operated. This 
is done in as simple language as possible. The child mind 
is kept constantly in view, and emphasis is laid upon the 
actual operation of the machinery of government rather 
than upon elaborate details of its organization. 

Obviously it is more difficult to infuse this same personal 
element into the. child's study of the national government, 



PREFACE 7 

for most of its operations are outside the range of his 
observation. The subject has, however, been treated in as 
intimate a manner as possible ; and at every step care has 
been taken to point out the paramount importance of the 
national activities and the reason why they are undertaken 
by the nation rather than the states. 

The setting up of a definite relation between the child's 
life within the school and the political activities of com- 
munity life about him is in harmony with the fundamental 
principles of modern educational aims. School life must 
more and more reflect and embody community life. And 
the authors believe that this is especially true in the teach- 
ing of government, if we are to instill any principles of good 
citizenship into the minds and hearts of that vast majority 
of our children who go out into life from the elementary 
school. 

TO THE TEACHER 

In presenting a " civil government " text drawn along 
such wholly new lines, a word of suggestion directed espec- 
ially to the teacher may not be inappropriate. Teachers 
will probably agree that the subject is inherently difficult to 
teach in the grammar grades. But a subject is not usually 
difficult to teach if the pupil is interested. The arousing 
in the pupil's mind of a spirit of interested inquiry in the 
affairs of government is of far greater value to him than 
the knowledge of many unimportant details of govern- 
mental organization. Formal question-and-answer recita- 
tions should, therefore, be used sparingly. Informal and 
spontaneous discussions of the text and of the questions 
suggested will prove far more successful in the class-room. 
It is of transcending importance, however, that the teacher 
first of all be thoroughly familiar with the spirit, the pur- 
pose, and the scope of the work. 



8 PREFACE 

To each chapter are appended questions to be used for 
discussion in class. For the most part they aim to localize 
the text, to draw the pupil's attention to conditions in his 
own community and their bearing on what he has been 
reading, to create a spirit of inquiry and investigation. It 
may be impossible in some cases to answer these localized 
questions, but a question which cannot be answered, or 
which can be answered only partially, is not necessarily 
without value. It may create both interest and investiga- 
tion. The teacher should encourage the pupils to study 
the questions and to gather all possible information in 
regard to them from their parents and others in the com- 
munity who would be likely to know. The real essence of 
our teaching should be the creation of this interested at- 
titude of mind toward things political. 

The authors have not felt that it was either necessary or 
. desirable to append to this work the text of the Alabama 
Constitution, Our State Constitution has become so de- 
tailed and complicated and has grown to such enormous 
length that for the purposes of an immature pupil it is of 
small value. For personal reference it would perhaps be 
well for the teacher to have a desk copy of the Constitu- 
tion, which can be secured from the office of the Secretary 
of State at Montgomery. 

Howard Lee McBain 
Isaac William Hill 



CONTENTS 



PART I 

HOW WE ARE GOVERNED IN ALABAMA 

CHAPTER TAOE 

I. What we mean by Life in a Community . . 13 
II. What the Government does to protect our. 

Lives and Health 23 

III. What the Government does to protect our 

Property 38 

IV. How our Liberty is protected , 47 

V. What the Government does to help us in 

our Desire for Knowledge 53 

VI. What the Government does to promote 

Community Progress 69 

VII. How the Government of Alabama re 

supported 85 

VIII What the Constitution is 96 

IX. How the Government is organized 103 

X. How the Laws are made 107 

XL How the Laws are put into Operation. . . 114 
XII. How the Laws are explained and applied . 122 

XIII. How the Counties are governed 132 

9 



I0 CONTENTS 



CHAPTER PAGE 

XIV. How the Cities are governed 139 

XV. Who takes Part in the Government 148 

XVI. How Political Parties control the Gov- 
ernment of Alabama • 155 

PART II 
HOW WE ARE GOVERNED IN THE NATION 

XVII. HOW THE NATIONAL GOVERNMENT PROTECTS 

AND ASSISTS US 161 

XVIII. The Constitution of the Nation 177 

XIX. The Nation and the States. ........... 189 

XX. HOW THE NATIONAL GOVERNMENT IS SUP- 
PORTED 198 

xxi. how the national laws are made ..... 206 
xxii. how the national laws are put into 

Operation 218 

xxiii. how the national laws are explained 

and applied 231 

xxiv. how the national government is con- 
trolled by political parties 241 

Index 249 



PART I 

HOW WE ARE GOVERNED 

IN ALABAMA 



REFERENCES FOR TEACHERS 



It will probably be. futile to expect the average pupil of the sixth 
or seventh grade to consult many works on politics and govern- 
ment outside of his classroom text. It is highly desirable, how- 
ever, that teachers should expand their knowledge of this important 
subject; and fortunately many valuable works are easily obtainable 
at comparatively small cost. 

Material for advanced study of the government of Alabama is for 
the most part inaccessible to the teacher. A copy of the State Con- 
stitution is, of course, indispensable. The Register of Alabama, 
published by the Department of Archives and History, contains 
the names of all the present State officials, members of the Legis- 
lature, and members of the various State boards and commissions. 
Copies can probably be had gratis upon application to the Depart- 
ment. The Reports of the Superintendent of Education, the 
Secretary of State, the Commissioner of Agriculture and Industries, 
the State Treasurer, and State Auditor will also be of invaluable 
assistance. They can usually be secured upon application to these 
several officers at Montgomery. Teachers of classes in city and 
town schools should provide themselves with a copy of their city 
or town charter, which can doubtless be had from the city or 
town clerk. The Code of Alabama (3 volumes), containing the 
acts of the Legislature, can be consulted in the office of any lawyer. 

For the general study of local, State and national government in 
the United States, the following works are recommended: 

Ashley, American Federal State. Macmillan Co., New York. 
$2.00. 

Bryce, American Commonwealth (abridged edition). Macmillan 
Co., New York. $1.75. 

Dunn, The Community and the Citizen. D. C. Heath & Co., 
Boston. $0.75. 

Fiske, Civil Government. Houghton Mifflin & Co., Boston. $1.00. 

Hinsdale, American Government. American Book Co., New 
York. $1.25. 

Hart, Actual Government, Longmans, Green & Co., New York. 
$2.00. 

Willoughby, Rights and Duties of American Citizenship. 
American Book Co., New York. $1.00. 

Beard,, American Government and Politics. Macmillan Co., New 
York. $2.00. 

12 



HOW WE ARE GOVERNED 
IN ALABAMA 



CHAPTER I 

WHAT WE MEAN BY LIFE IN A COMMUNITY 

1. What a community is. Most of you have doubtless 
read the fascinating story of Robinson Crusoe. You re- 
member how, after being shipwrecked, he was thrown upon 
a desert island, and there lived for a time separated from 
all other human beings. Most of you have heard, too, of 
hermits — those strange men who withdraw themselves 
from their fellowmen and live in loneliness and solitude. 
Moved by some odd fancy, they usually seek out a cave or 
a rude hut in the mountains, and there, far away from 
other people, spend their miserable lives. 

How very different are the lives of most of us ! We are 
so accustomed to having our family, our friends, and many 
other people about us that we can only with difficulty 
imagine how anybody could tolerate so lonely a life. 
People are usually found living together in groups ; indeed 
this seems to be the natural way for them to live. Some- 
times, as in a city, a great many people are crowded to- 
gether in a comparatively small space. Sometimes we find 
them in email towns and villages. In Alabama, however, 
a majority of the people live on farms. Yet they are close 
enough to one another to enjoy life together and to have 

13 



14 



HOW WE ARE GOVERNED IN ALABAMA 



many interests in common. They have, for instance, com- 
mon churches, common schools, common stores, common 
post-offices. 

Now this is what we mean when we say that people live 
in communities. A community is a group of people living 
more or less closely together and having certain common 
interests. It may be a village or a town, a county or a 
city. 

2. Why people live in community groups. The world is 
probably not large enough for every one of us to live like 
a hermit, completely separated from everybody else. Even 
if it were, most of us would not care for such a life. We 
enjoy being with people. We love to associate with the 
members of our family, our friends, and acquaintances. 
This is one of the reasons, then, why we nearly always find 
people living in community groups. But it is not the only 
reason. 

You doubtless recall what a hard time Robinson Crusoe 
found in providing himself with such simple necessities as 
food and fire and clothing. This was because he was living 
entirely alone. 

Suppose whenever one of us needed a new coat it were 
necessary for us to raise and shear the sheep, prepare the 
wool, weave it into cloth, and then cut and make the coat. 
What an endless amount of trouble, and what a poor look- 
ing coat we should have when it was finished ! As things 
are, one group of men raise the sheep, another group pre- 
pare and dye the wool, and still another group weave the 
wool into cloth. This cloth is carried to stores, where it 
is bought by tailors who make it into coats. When you or 
I desire a coat, we seldom think of sheep or wool or cloth. 
We go either to a tailor or to a shop where we can buy a 



LIFE IN A COMMUNITY 15 

coat ready to be worn. Think how many different men 
have had a share in the making of the coat you wear. 

You can readily see from this illustration that our wants 
can be supplied much more easily when we live near other 
people than they could if we lived alone. This, then, is 
another reason why we liye in communities. 

Have you ever stopped to think how many desires most 
of us have? All day long in one way or another we are 
busy satisfying our own desires, or else helping other peo- 
ple to satisfy theirs. Of course it is impossible for us to 
enumerate all the desires that any one person has ; but 
there are a few whioh nearly everybody has. Let us see 
what some of these common desires are. 

3. Our desire for life and health. To most of us life is 
the most precious thing that we possess. A man will 
sometimes sacrifice his life for his honor, or for his coun- 
try's honor, or for some one whom he loves. In general, 
however, he will sacrifice other things to preserve his life. 
In many ways we seek to protect our lives. We must pro- 
tect them, in the first place, against the violence of others, 
and in the second place, against dangers such as result 
from fires, from accidents on the railroad or on the water, 
and in cities from the dangers cf the streets. It is neces- 
sary for us also to use the proper precautions against 
disease. This indicates another of our desires — the desire 
for good health, which is closely akin to the desire for life. 
Most of us want a sound body, not only because it 
promises to prolong life, but because a healthy body is 
essential to our general well-being and happiness. 

4. Our desire for liberty. No man who lives in a com- 
munity can enjoy liberty without restraint. Robinson 
Crusoe could, indeed, have yielded to the wildest desire 
that might cross his fancy- There was no one to prevent 



16 HOW WE ARE GOVERNED IN ALABAMA 

his doing anything he wished. But the average man must 
live in his community with some regard to his fellowmen. 
He cannot wholly ignore the rights of others. By liberty 
in a community, therefore, we mean the freedom to do 
what we please so long as we do not come in conflict with 
the rights of other people. We are, of course, absolutely 
free to ihink what we please, but in our actions we must be 
considerate of others. Most of us are entirely willing, if 
it is necessary, to give up a part of our liberty of action in 
order that we may enjoy the other benefits of life in a 
community. 

5. Our desire for wealth. It is natural for everybody to 
want to possess something. Boys and girls like to own 
things, and men and women enjoy no less the pleasure of 
possession. Lands, houses, implements, cattle, horses, fur- 
niture, clothes, books, money — all these are things which 
most of us desire to own. These we call property. Men 
seek to obtain property not only for the pleasure of possess- 
ing it but because of what it enables them to do. The 
ownership of property brings comforts and luxuries, and 
makes it possible also for a man to secure more property. It 
is this desire for wealth and property that causes men to 
seek employment — to become doctors, lawyers, farmers, 
manufacturers, shop-keepers. 

6. Our desire for knowledge. Most of us crave to know 
things. This is an instinct that we have all noticed in very 
young children when they begin to ask questions and in- 
quire into things. When they grow older they are sent to 
school in order that they may learn many things while they 
are young. But we want to know more than what we can 
get out of books. We are interested in learning what is 
going on both in our own community and in other commu- 
nities. We need, therefore, newspapers, letters, telephones, 







\'J / ; jf . 






mm 


•E 


|u 




ml&to ^ 




•- '<r ■ • • 










■y ; " ; ' 



18 HOW WE ARE GOVERNED IN ALABAMA 

and telegrams. By these means we satisfy our desire to 
know what is going on in the world. And our desire 
for knowledge helps us to attain many other desires. It 
also helps the community in which we live, for we cannot 
imagine anything more pitiful than a community in which 
nobody has any education and nobody desires it. 

7. Our desire for progress. Most men desire to see the 
community in which they live become progressive. Of 
course this desire for progress takes many forms ; it would 
be impossible to mention all of them. The desire for edu- 
cation, of which we have just spoken, might be included as 
a part of our general desire for progress. The wish to see 
good roads, strong bridges, and efficient railroads in our 
community; if we live near the water, the wish to have 
harbors dredged, lighthouses built ; if we live in a city, the 
wish to see beautiful buildings, gardens and parks, clean 
and well-paved streets — these are some of the evidences of 
our desire for community progress. 

8. Our desire for happiness. All these other desires that 
we have been discussing combine to constitute what is our 
chief desire, next to the preservation of our life and 
health — the desire for happiness. It may not be possible 
for us to define what this desire for happiness is. It varies 
in different individuals. Some find happiness by pursuing 
almost exclusively one thing, as the desire for wealth, ot; 
for knowledge, or for science, or for art ; but the majority 
of us find happiness by pursuing a combination of many 
desires. 

9. The conflict of desires. When people live together in 
a community, it is very natural that their desires should 
sometimes conflict. In his desire for wealth a man may 

' seize another's property, or he may commit acts injurious 
to the general health of the community, or offensive to 



LIFE IN A COMMUNITY 19 

other people's ideas of cleanliness and beauty. For in- 
stance, a man may maintain a factory in a part of the 
community where the smoke is annoying; or the factory 
itself may endanger the lives or the health of operators by 
reason of unsanitary conditions. In his desire for unre- 
strained liberty a man may, in a passion, take the life of his 
fellowman, or burn his dwelling. Or again, in the pursuit 
of knowledge or science men may neglect their business 
and make debts which they are unable to pay. 

It must be clear to you that in these cases the desire of 
one individual of the community conflicts with the rights 
or desires of other individuals. It is perhaps equally clear 
that there must be some means for preventing the rights of 
one man from being interfered with by the desires of 
another. There must be rules which the members of the 
community are forced to obey. There must be some 
peaceful way of settling disputes among them, and oi 
securing justice to all. Not only that, but there ought 
also to be some means by which the members of a com- 
munity are helped to attain various desires which they are 
unable to satisfy alone. They should be helped, for in- 
stance, in the protection of their lives and health, and in 
satisfying their desires for education and for progress. 

10. What the government is. What is the means by 
which this harmony and assistance are secured? In the 
first place, there must be rules of conduct which the indi- 
vidual must obey — things that he must do and things that 
he must not do. For example, all communities command 
that each man shall respect the lives and property of every 
other man; and the community will punish any one who 
violates this command. These rules for the conduct of the 
people of the community we call laws. 

In addition to the laws, there must be officers who make 



20 HOW WE ARE GOVERNED IN ALABAMA 

the laws and others who see that they are enforced. For 
instance, in your own neighborhood there are perhaps a 
county commissioner, a sheriff, a constable, a justice of the 
peace. Or if you live in a city, there are a mayor, a city 
council, a body of police, and many other officers. 

This body of laws and those who make and enforce them 
are what we generally mean when we speak of the govern- 
ment. 

You must bear in mind that the government is estab- 
lished in order to help the people living in a community. 
Some people have the idea that the government deprives 
us of our liberty. We are perhaps inclined to feel this 
way when we come in contact with some particular law 
that prevents us from doing what we wish to do, or forces 
us to do what we dislike to do. There was a time, indeed, 
when the government did trample upon the people's 
liberty, and in some countries this is done even to-day. 
You will recall that the reason why our forefathers freed 
themselves from Great Britain was that the mother country 
tried to oppress the colonies and to interfere -with what 
they regarded as their liberties. For the most part, how- 
ever, it is the government that seeks to protect our liber- 
ties from being interfered with by others, as when the gov- 
ernment arrests the thief who attempts to steal from us. 
The people of Alabama have declared that "the sole 
object ... of government is to protect the citizen in the 
enjoyment of life, liberty, and property." Not only does 
the government protect our liberties, but it also under- 
takes, as we shall see, to assist us in reaching certain of 
our desires and to add to our general welfare and happi- 
ness. 

11. Our method of study. In the next few chapters we 
shall see some of the things that the government in the 



LIFE IN A COMMUNITY 21 

communities of Alabama does for us in the way of protect- 
ing our life and liberty, and helping us to attain certain of 
our desires. (Chapters II to VI.) 

After we have seen something of what the government 
does for us, we shall then be able to understand more 
clearly how the government of our State is organized and 
operated, or in other words, how all these things are 
accomplished. (Chapters VII to XVI.) 

When we have completed our study of the government 
of our State and of our own community, we shall learn that 
the government of our nation also undertakes to protect 
us and to assist us in many important ways. In Part II 
of our study, we shall learn of those things which our 
national government does for us, and we shall see how 
that government is organized and operated. (Chapters 
XVII to XXIV.) 

QUESTIONS FOR CLASS DISCUSSION 

To the Teacher. The questions appended to each chapter are 
for the purpose of drawing out the pupil's interest in activities of 
government with which he is more or less familiar. These activities 
are, of course, more prominent in city communities than they are 
in the rural districts. The teachers of rural schools should, there- 
fore, explain many of the city activities referred to. The questions 
are intended to be suggestive, not exhaustive. Many others will 
doubtless present themselves to the teacher. 

1. What sort of community do you live in — county, town, village, 
city? Find out, if you can, how many people live in your community.. 
In your neighborhood are the houses close together or far apart? 
Think of some of the ways in which you associate with the people 
of your community — when and where, for instance, do you meet 
them? 

2. What are some of the pleasures you enjoy now that you would 
not enjoy if you lived like a hermit? 

3. If you lived absolutely alone, how would you get your food? 
Your clothing? Furniture? How would you protect yourself from 



22 HOW WE ARE GOVERNED IN ALABAMA 

cold? What, then, are some of the advantages that you enjoy by 
living in a community? 

4. What are some of the things that threaten people's lives in 
your community? Their health? Can you think of anything that 
is done to protect you from these dangers? 

5. Mention some of the restrictions upon your liberty in the 
schoolroom — what are some of the things that you are not per- 
mitted to do? Explain how these things would interfere with the 
rights of others. Why are you forced to consider the rights of 
others? Why are they forced to consider your rights? 

6. Mention some of the property that you possess in the school- 
room. How does this property help you? Mention some of the 
property owned, by the school. How does this property assist you ? 

7. Is money property? Why? What business is your father 
engaged in? Why does he engage in business? Mention some of 
the property in your home. To whom does it belong? How was 
he enabled to get it? 

8. Why do you attend school? What desire are you satisfying? 
Mention some of the ways by which you find out what is going on 
in the world. 

9. Who makes the rules of your school? Who enforces them? 
Could you speak of the government of your school? What would 
you mean? 

10. What do you mean by the government of a community? 
Why is it necessary? Mention all the laws of your community that 
you have ever heard o£, Mention all the officers that you can 
think of. 



CHAPTER II 

WHAT THE GOVERNMENT DOES TO PROTECT 
OUR LIVES AND HEALTH 

12. Our personal responsibility. We have seen that 
among all the desires that men usually have there is none 
more powerful than the desire for life. Now in most cases, 
as you all know, it is we ourselves who are personally re- 
sponsible for the preservation of our own life and health. 
If we would keep our bodies in healthful condition, we 
must be mindful of the ordinary laws of health. We must 
take due precaution against disease. We must have plenty 
of fresh air and exercise. Moreover, we must refrain from 
recklessly running into dangers that we could avoid. 

In the care of our health the family also is to some ex- 
tent responsible. The home should be selected in a 
healthful location. It should be well ventilated, and the 
plumbing should be good. The housekeeper, too, should 
be careful of cleanliness. It is the duty of the family 
within their means to see that the home is maintained in 
such a manner as to insure the health of those who live 
in it. 

In many cases, however, neither the individual nor the 
family can ward off the dangers which sometimes threaten 
life and health. It is here that the government steps in to 
assist us. Especially is this true in communities where a 
large number of people live together as they do in cities, 
for in such communities the dangers to life and health are 
far more numerous than they are in the country districts. 

23 



24 HOW WE ARE GOVERNED IN ALABAMA 

13. Protection of life against personal attacks. One 
person is sometimes attacked by another because of some 
personal grievance. The government of course makes 
such an attack unlawful and provides for the arrest and 
punishment of the offender. Special officers are appointed 
to protect the members of the community against such 
attacks upon their lives. In the counties we find consta- 
bles and sheriffs, and in the cities there are police, whose 
duty it is not only to prevent such attacks whenever possi- 
ble, but to seek out and arrest those who have been guilty 
of them. The government also makes it unlawful for one 
man to threaten, the life of another even though he may 
not actually make an attack upon him. 

Now you may ask: " How does this protect our lives? 
It rarely happens that an officer of the law is on hand to 
prevent an attack which is about to be made. May not a 
man's life be taken before the law can protect him?" You 
must remember, however, that in every case the one who 
breaks the law knows that in all probability he will be 
arrested and punished. It is the fear of this punishment 
that prevents him from any rashness to which his impulses 
or his violent temper may prompt him. 

In spite of this fear of punishment for his misdeeds, a 
man fails sometimes to control his anger. He makes a 
sudden attack upon another individual who has offended 
him. There is no time or opportunity to call upon the 
police or the constable. The one who is attacked must act 
lor himself. In such cases the law provides that the per- 
son attacked may defend himself. He may even take the 
life of the one who has attacked him if that becomes neces- 
sary in order to preserve his own life. He may afterwards 
be arrested and tried, under such circumstances, for having 
killed his fellowman, but if he is able to show that he was 



PROTECTION OF LIFE AND HEALTH 25 

compelled to do this in order to protect his own life, he is 
freed from all responsibility. 

14. Protection of persons accused of crime. When an 
individual is arrested for an offense which he is supposed 
to have committed, it may not always be certain that he is 
actually guilty. The law assumes that every man is inno- 
cent until it has been proved that he is guilty. It requires 
also that the accused must be given a fair trial in 
accordance with the law ; and the law lays down certain 
things which are necessary to make the trial a fair one. In 
the first place, the prisoner cannot be kept in jail indefinitely 
awaiting his trial. He has the right to demand that he be 
carried immediately before some officer of the law, and that 
he be shown the reason for his being kept in prison. If it 
appears that there is reasonable ground for suspecting him, 
he is then held until he can be brought forward for trial. 

For all serious offenses, the person accused of crime 
enjoys what is ordinarily called the right of trial by 
jury. This is the right to have a number of his fellow 
citizens, usually twelve, determine whether he is or is not 
guilty of the offense of which he is accused. Those who 
are called to tell what they know about the circumstances 
of his case are known as witnesses. The law gives the 
prisoner the right to have these witnesses stand before him 
and tell what they know in his presence. He has the right 
also to bring witnesses of his own. 

These are only a few of the many provisions which the 
law makes for the protection of the life and liberty of 
those unfortunate individuals who are accused of crime. 
But you can easily see how important they are. Without 
them cases would arise every day in which the innocent 
would be made to suffer unjustly. 



26 



HOW WE ARE GOVERNED IN ALABAMA 



15. Protection of life against accident: in the country. 

Many accidents happen to most of us in the course of a 
lifetime. For some of these we have to thank only our 
own carelessness. The government cannot usually be ex- 
pected to protect us from accidents that result from run- 
aways, falling, and drowning. These are dangers from 




The Bessemer Viaduct 

This viaduct was constructed in order to avoid accidents and delays 

at a dangerous railway crossing. By means of the trestle 

electric cars pass over the railway tracks in safety. 

which we must protect ourselves. In some ways, however, 
the government does seek to protect us from accident. 
You of course know that it is the custom in your com- 
munity for drivers to keep to the right of the road. You 
may not know, however, that the government actually re- 



PROTECTION OF LIFE AND HEALTH 27 

quires this by law in order that accidents may be prevented. 
Another protection which the government affords is that 
against railroads. To avoid collisions the government 
regulates the manner in which one railroad shall cross 
another. The railway companies are required to place 
signals where the tracks cross, a country road and some- 
times gates where they cross a city or village street. 
Sometimes the railroad is even compelled to fence its 
tracks. It is customary also to regulate the speed of trains 
when they pass points ot which accidents are liable to 
occur. Moreover the government makes the railroads 
responsible for injuries done to employees. This is a 
most important protection, for railroads employ many 
hundreds of workmen, and the operations in which these 
workmen are engaged are necessarily of a dangerous char- 
acter. Similar responsibility is placed upon other com- 
panies employing large numbers of workmen. 

16. Protection of life against accident: on the water. 
The government also makes many laws to protect the lives 
of those who spend much of their time upon the water. 
It regulates, for instance, the manner in which boats shall 
pass each other ; it provides that they shall signal each 
other by whistling and requires that they shall carry cer- 
tain lights at night. On the gulfcoast where there is danger 
of shipwreck, the government erects lighthouses to warn 
the seaman of his danger and provides life-saving stations, 
with crews of sturdy men ready at any time to assist ves- 
sels in distress. 

17. Protection of life against accident: in the city. It is 
easy to see why the liability to accident should be much 
greater in the city than it is in the country. Where so 
many people are gathered together in one place, where the 
buildings are large and crowded close to one another, 



28 HOW WE ARE GOVERNED IN ALABAMA 

where everybody must of necessity pass through the streets 
filled with rapidly moving street cars and vehicles of all 
kinds, it is natural enough that dangers of one kind or 
another should frequently arise. It is in the cities, there- 
fore, that the government is forced to provide most often 
for our protection against accident. 

One of the dangers which constantly threaten people 
living in cities is that which results from fires. The 
government seeks to lessen this danger by providing that 
large buildings shall have fire-escapes in order that the oc- 
cupants of the building, in case of fire, may be able to 
reach the ground. In public buildings, like theatres, where 
large numbers of people come together, it is required that 
a sufficient. number of exits shall be provided so that the 
people may quickly gain the streets in time of danger. In 
many, places the children in school are required to practice 
fire drills, in order that, whenever it is necessary, they can 
be taken from the school building rapidly and without con- 
fusion. 

Other protections, too, are given to buildings. Eleva- 
tors are inspected to see that their machinery is in proper 
order. Inspectors are appointed to see that buildings be- 
ing erected in the city are sufficiently well built to prevent 
collapses, such as have sometimes occurred. 

In the streets the attempt is made to regulate the speed 
of street cars, automobiles, and horses, in order that acci- 
dents may be prevented. Excavations and obstructions, 
which are sometimes of necessity placed in the streets, have 
to be marked by lights at night. And not the least of the 
means employed by the government to prevent accident 
is the provision of lighting the streets at night by gas or 
electricity. Thus you see that in many, many ways the 



PROTECTION OF LIFE AND HEALTH 



29 



government throws out its strong arms to protect us from 

accidents over which we ourselves could have no control. 

In addition to all these precautions that are taken to 

prevent accidents, most large cities provide means for the 



• 




■■■■iiiii \nmmmammm3& 




A 



Sand Island Lighthouse 

This Lighthouse is situated near the shore of Sand Island on the 

western side of the entrance to Mobile Bay. The light can 

be seen many miles out in the Gulf of Mexico. 



immediate treatment of those who are injured. Ambu- 
lances in charge of skilled surgeons stand ready to hasten 
to any part of the city where an accident has occurred. 
There is usually a public hospital also where sick and in- 



30 HOW WE ARE GOVERNED IN ALABAMA 

jured persons who are unable to pay may receive treat- 
ment at the expense of the government. 

18. Protection of the poor. In still another way does the 
government throw its protection around the life of the indi- 
vidual. When a man's health and strength have failed, 
when he is without friends or relatives to support him, he 
finds that the' government has made provision for his 
care. Formerly this protection of the poor was given by 
the churches, which still do a great deal toward helping 
those unable to help themselves. In modern times, how- 
ever, this has come to be considered as one of the duties of 
the government. We find poorhouses, therefore, in every 
county, and officers are appointed whose duty it is to see 
that these unfortunates in the community are provided for. 

19. Protection of aged soldiers. In Alabama the govern- 
ment also provides for those soldiers who fought in the 
War between the States, and who, by reason of their dis- 
ablement or their losses as a result of the war, are unable to 
care for themselves. These venerable men gave gladly of 
their youthful vigor and stood ready at a time of great 
need to sacrifice their lives in the service of their State. 
In many cases they lost their all in their country's cause. 
It is no more than right and just, therefore, that the 
government should provide for them during the last days 
of their lives. The government of Alabama makes pro- 
vision also for the needy widows of soldiers and sailors 
who fought in the War between the States. 

20. Protection of life in times of riot. Occasionally 
there arises in a community so serious a conflict of interests 
that the officers of the community are unable to preserve 
order. This frequently occurs during strikes, when some 
of the strikers and the rowdy element of the community 



PROTECTION OF LIFE AND HEALTH 31 

become a mob and attempt to prevent the ordinary conduct 
of business. 

It sometimes happens, too, that the people of a com- 
munity are incensed over some crime that has been com- 
mitted. They gather together and desire to punish the 
supposed criminal themselves, Without permitting him to 
be tried and punished by law. In such cases it often hap- 
pens that the police, the constables, and the sheriff — the 
officers who ordinarily preserve order — are unable to han- 
dle the situation. Life and property may both be seriously 
endangered. There must be means for protection, and the 
government provides it through the militia of the State. 

In theory the militia of the State is composed of all able- 
bodied ^nen between the ages of eighteen and forty-five 
years. In truth, however, the militia consists of companies 
of men who volunteer for service in the various communi- 
ties of the State. Together these companies form the 
Alabama National Guard. The Governor is commander- 
in-chief of the militia. He is empowered by law to call 
the troops out in emergencies of this kind in order to en- 
force the laws. It is in this way that the government safe- 
guards the lives of the people in situations so dangerous 
that they cannot be dealt with by the local authorities. 

21. Protection of our health. In case we are taken with 
serious illness it is necessary for us to have the proper 
medical treatment. You can readily see the dangers that 
would arise if any one who wanted to become a phy- 
sician or a pharmacist were permitted to do so. Ignorant 
men, claiming to be physicians, would be constantly pre- 
scribing for those who were in need of trained assistance. 
Deaths without number would result. In order to provide 
against such a miserable state of affairs, the government 
prescribes that before a man can practice medicine he must 



32 HOW WE ARE GOVERNED IN ALABAMA 

pass certain examinations to prove his knowledge and 
ability. 

In another respect the government has found it neces- 
sary to interfere in behalf of our health. Laws are made 
to protect us against unwholesome food being offered for 
sale. When foodstuffs are shipped in large quantities, the 
shippers cannot always be depended upon to consider the 
health of those who eat their products. Vegetables and 
meats often become stale and unwholesome before they 
are sold. Milk is often tampered with, chemicals being 
added to preserve it from souring. The health of the com- 
munity is seriously endangered by such inconsiderate acts, 
for we ourselves are often unable to detect the unwhole- 
someness of the food we are eating. The government 
steps in to help us by appointing officers whose duty it is 
to inspect various food-products that are offered to the 
people of city communities. 

Most of our canned meats are shipped from Chicago and the 
middle West. Recent investigations showed that the great pack- 
ing-houses having in charge the preparation of these meats had 
been very careless in regard to cleanliness and other protections 
which should have been used to prevent disease. Our national 
government at Washington took the matter up, believing that it 
was something that concerned the whole nation. A law was passed 
providing for government inspectors for the packing-houses, and no 
canned meats can be sold to-day until approved by these inspectors. 

22. Protection of health in towns and cities. Just as 
densely settled communities increase the liability to acci- 
dent, so they increase also the danger to the health of those 
who live in them. In towns and cities, therefore, it be- 
comes the duty of the government to make special pro- 
visions for the proper protection of the health of the com- 
munity. Streets must be kept clean. Dirt, refuse, and 



PROTECTION OF LIFE AND HEALTH 



33 



garbage must be carted away from the homes of the com- 
munity. Contagious diseases in these communities would 
naturally spread rapidly from one person to another if the 
government did not exercise prompt control over the 
homes of those who are so unfortunate as to contract such 
diseases. They must be rigidly quarantined — that is, well 




A City Dump 

Where ashes and dry refuse from city homes are dumped on the 

outskirts of the city. Garbage is usually burned. 

persons must be prevented from entering the house while 
the disease lasts. When the sickness is ended, the govern- 
ment requires that the premises shall be thoroughly dis- 
infected. In cases of malignant diseases, like small-pox, 
the sick person is often taken to a hospital provided for that 
purpose. The requirement that school children shall be 
vaccinated is another precaution that is sometimes taken 
to prevent the spreading of disease. 



34 



HOW WE ARE GOVERNED IN ALABAMA 



23. Dangers to health in drinking-water. In modern 
times many diseases have been traced to impure drinking 
water. In the erection of buildings in his barnyard the 
farmer is not always careful to protect his well from impuri- 
ties. Sometimes the stable-barn is built on high ground 
and the well is sunk in lower ground. The result is that 
the filth and refuse from the stable drain toward the well ; 
its water becomes affected with unwholesome germs, and 
diseases are spread. Too much care cannot be taken in 
choosing the site for a well. 

In cities the old method of securing drinking water from 
ordinary wells has long since been abolished. It was 
impossible for each of the many hundreds of houses to 
have its own well ; besides, it was too inconvenient. In 
some of the larger cities of Alabama the government has 
undertaken to supply the community with water through 
pipes and mains laid beneath the streets. In others the 
government permits private companies to use the streets 
for thii purpose. Particular care has to be taken in choos- 
ing a pure source from which the drinking water is to be 
supplied. The water supplied to the inhabitants of Bir- 
mingham is secured from the Cahaba River and is purified 
by being pumped through filters. The reservoirs at Mont- 
gomery and certain other cities of the State are supplied 
with water from artesian wells. These cities rank among 
the foremost in the United States in the purity of their 
water supply. . 

24. Protection of health against the saloon. The use of 
intoxicating liquors is today recognized to be dangerous 
to the health of those who use them to excess. More- 
over, saloons are hurtful to the morals of a community. 
So peculiar a vice is the liquor habit that in many in- 
stances the individual cannot be trusted to regulate it. In. 



PROTECTION OF LIFE AND HEALTH 35 

communities where saloons exist, it is always the case that 
many homes are filled with poverty and suffering and 
many innocent lives are ruined because men cannot con- 
trol their desire for strong drink. 

For a long time the government has realized this and 
has undertaken, in the interest of the health and morals of 
the community, to control the sale of liquors to some ex- 
tent. For many years taxes have been placed upon the 
manufacture of liquor, and those who retailed it have been 




Cahaba Filter Plant 

Where the water from the Cahaba River is filtered before being 

distributed to the homes of the city of Birmingham. 

required to pay large fees to the government. This made 
the liquor expensive and in consequence somewhat less- 
ened the sale of it. These regulations, however, and others 
of a less important character did not prove sufficient to 
stamp out the evil. The government of Alabama then de- 
termined to use severer measures. It gave the power to each 
county of the State to decide by a vote of the people 
whether liquors should be sold within the limits of the 



$6 HOW WE ARE GOVERNED IN ALABAMA 

county. Under the law which gave them this power a vast 
majority of the counties of the State "went dry," as we 
commonly say — that is, they voted to abolish saloons and 
prohibit the sale of liquor. As a final step a law was passed 
which entirely prohibited the sale of liquors in the State of 
Alabama after January I, 1909. 1 

Alabama is. not alone among the States of the Union in 
this movement against the saloon. There is a general feel- 
ing among many people in all parts of the country that the 
health, morals, and prosperity of the country can be best 
protected only by abolishing the saloon entirely. 

25. Summary. We thus see in how many ways the gov- 
ernment is daily protecting our lives and health. Many of 
these things we have scarcely thought to ascribe to the 
government. We are so used to them that we do not think 
much about them. We do not often stop to consider, for 
instance, when we go into an elevator or a theater, that 
the government has afforded us a certain degree of pro- 
tection against accident. When we see the street cleaners 
busy about us it does not often occur to us that they are 
furnishing us with protection. As we sit down to our tables 
we do not frequently remember that much of the food 
before us has been inspected by government officers. These 
are only a few instances, as we have seen, in which we are 
shielded by the government from many attacks that might 
otherwise be made upon our lives and health. 

^n 191 1 this law was somewhat changed. If 45^ of the voters in 
any county sign a petition asking that the question be submitted to 
a vote of the people, and if a majority vote in favor of the sale of 
liquor, then liquors may once more be sold or "dispensed" in that 
county. You can imagine, however, that it would be exceedingly 
difficult to secure the signatures of nearly half of the voters of any 
county upon a petition of this or any other kind. 



PROTECTION OF LIFE AND HEALTH 37 

QUESTIONS FOR CLASS DISCUSSION 

1. What means, if any, are provided in your school for the pro- 
tection of the lives of the teachers and pupils? Are there fire- 
escapes? Are there broad staircases? Are there sufficient exits? 
Do you have fire drills? 

2. What means are provided for ttie protection of health? How 
is your schoolroom ventilated, and why? How is it heated? Is 
it well lighted? Do the school authorities require you to be 
vaccinated? Where does your drinking water come from? When 
are children prevented from attending school on account of disease? 
Who prevents them, and why? 

3. If you live near a railroad, do you know of any precautions 
that are taken to prevent accidents? If you live near the water, 
what precautions do you know of there? 

4. If you live in a city, do you know of any precautions that are 
taken to prevent accidents by fire in public buildings? To prevent 
accidents in the streets? How are your city streets lighted, and 
why? Who owns the lighting plant? 

5. Find out what provision is made in your community for the 
care of the poor. Who supports the poorhouse? 

6. Is there a militia company organized in your community? Do 
you know of any time that it has been called into active service? 
If so, when and why? Do you know any of its officers? 

7. Suppose a man commits a crime in your community, who 
would ordinarily arrest him? Where would he be taken? What 
rights would he have? Would he have to prove his innocence? 

8. Have you ever noticed an inspector's label on canned meats? 
Is milk inspected in your city? Are meats and vegetables inspected? 

9. What measures does your city take to make the community 
more healthful? Is there a sewerage system? Are the streets kept 
clean? Are contagious diseases quarantined? What about the 
drinking water? The garbage? 

10. Are there any saloons in your community? If not, when were 
they abolished? Did the people of your community vote them out, 
or were they abolished by the State law? , 

11. Who is responsible for all these protections of life and health? 
Could you as an individual protect yourself in these things without 
the assistance of the government? 



CHAPTER III 

WHAT THE GOVERNMENT DOES TO PROTECT 
OUR PROPERTY 

26. The ownership of property. When we were discuss- 
ing the individual's desire for wealth, we saw that wealth 
consists largely in things we call property. (See page 16.) 
Some of this property we use simply to satisfy our needs 
and comforts. A large part of it we use in business enter- 
prises in order that we may get together more property 
and thus increase our wealth. In all civilized communi- 
ties people enjoy the right of owning property. 

In early history when people lived in tribes, as the American 
Indians once lived, they moved about from place to place without 
having any definite homes. Under such conditions it was impossible 
for them to own much property. They did not value the land because 
they did not know how to till the soil and raise crops. They 
secured food by hunting and fishing. In later times tribes began 
to settle on some particular tract of land, which was owned in 
common by the whole people of the tribal community. The dif- 
ferent crops they raised were put together and were then distributed 
among the members of the tribe in accordance with their needs. 
The farm lands in Russia today are held in this manner by the 
whole people of a village. 

In most civilized countries in modern times the land is 
held by the individual members of the community and not 
by the community as a whole. This results in many advan- 
tages, for each individual who owns a portion of the land 
feels a personal attachment to the community. He takes 
an interest in its welfare because. his own life is bound so 

38 



PROTECTION OF PROPERTY 



39 



closely to the life of the community. Communities, there- 
fore, become more permanent in their character. It is for 
this reason that the government not only recognizes the 
right of the individual to own land but even encourages him 
by protecting him in his possession. 

27. Our duty to protect our own property. It is our duty 
both to ourselves and to our community to protect the 




The Police Force of an Alabama City 

property we possess. This we can do by carefully attend- 
ing to our own business affairs, and sometimes by person- 
ally defending our property from attacks made upon it by 
others. It is clear, however, that we cannot always do this. 
We may lack the power or influence necessary to main- 
tain our rights. In such instances it becomes necessary 
for the government to step in and protect us The means 
by which the government does this constitute a very 
complicated system of laws framed in order to meet every 



4 HOW WE ARE GOVERNED IN ALABAMA 

possible conflict that might arise between individuals. This 
is a subject proper for the study only of lawyers and judges- 
It is easy for us, however, to see many of the simpler ways 
in which the government protects us in the property we 
possess. 

28. Protection of property against robbery. There are 
unfortunately in every community a few people of bad 
moral character who have no regard for the property rights 
of their fellowmen. They desire wealth for themselves, and 
not being able or willing to secure it by honest means, 
they try to steal property that belongs to some one else. 
Just as it is the duty of constables and police to protect the 
lives of the members of a community, so it is also their 
duty to protect property from thieves. In cities police 
patrol the streets constantly, in order to fulfill both of these 
duties. The lighting of the streets by night, which we 
saw was a protection to the lives of citizens, serves also to 
assist the police in the prevention of robberies that might 
otherwise be committed in the darkness. 

In spite of this constant watchfulness on the part of 
officers of the government, property is sometimes taken. 
The government then puts forth every effort to seek out 
the guilty party and arrest him. You must not think that 
thefts are confined to the lower element of people living 
in the community. Sometimes men in high positions of 
trust, as for instance officers of a bank, yield to the tempta- 
tion to steal the money which they have in their care. 
These men are no better than the worst of common thieves ; 
in fact their guilt is even greater because they have usually 
had better opportunities and better training than the ordi- 
nary criminal. 

29. Protection of property against fire. It is impossible 
for the individual members of a community to protect their 



PROTECTION OF PROPERTY 41 

property in any sure manner from destruction by fire. 
They must, of course, use due precaution to prevent the 
starting of fires. Something, too, they can do when build- 
ings are being erected, for many fires are caused by reason 
of the poor construction of buildings. It is usual for the 
government, however, to undertake to protect property 
against loss by fire. This is naturally impossible in coun- 
try districts where the houses are widely separated. It is 
only in towns and cities that the government can accom- 
plish anything in this direction. 

In small towns and villages there is generally a volun- 
teer force of firemen. Sometimes the only equipment 
they have is a number of water buckets which h&ve to be 
passed from hand to hand along a file of men. 

In the larger cities there are regularly organized fire 
departments with fire engines, hose, and hook-and-ladder 
wagons, ready at a moment's call to hasten to any part 
of the city in which a fire has started and property is 
threatened. At various points in the city are placed call 
boxes, from which an alarm can be sent over the electric 
wire to the central office of the department. Each box 
has its number, and bells, ringing the number of the box, 
indicate in what part of the city the fire is located. 
On frequent corners there are plugs to which the hose 
can be attached, and from which an abundant supply of 
water is secured through mains and pipes laid beneath 
the streets. Strong and courageous men, regularly em- 
ployed for this purpose, hurry to the scene of the fire. 
These firemen are often called upon to risk their own 
lives in the rescue of people from a burning building, 
or in preventing the spread of the fire. The police also 
are called upon to assist at fires by keeping back the 



42 HOW WE ARE GOVERNED IN ALABAMA 

crowds which gather and by preventing ~eckless people 
from endangering their lives. 

30. Protection of landed property. Disputes frequently 
arise over the question as to who is the rightful owner of a 
piece of land. If the government did not provide some 
means for protecting landowners, these disputes would be 
much more frequent than they are. In Alabama every 




Engines at Work at a Large City Fire 

piece of land owned by an individual may be registered at 
an office called the probate court provided by the gov- 
ernment in each county. Whenever such a piece of 
property is transferred from one person to another, 
either by sale or by gift, the transfer should be recorded. 
Usually a lawyer is employed in such cases to look up the 
whole history of the piece of land and to trace its num- 
erous transfers. The ow T ner then feels secure in his pos- 
session, for no one else will ever be able to claim the prop- 



PROTECTION OF PROPERTY 43 

erty by reason of its having been improperly transferred. 
This is called securing a clear title to the property. 

31. Protection of homes. Sometimes a man is very un- 
fortunate in his business. He may make serious mis- 
takes, or by poor investments he may lose a great deal of 
money. As a result he finds himself heavily burdened with 
debts that he is unable to pay. His creditors begin to 
press him for settlement, and he stands in danger of hav- 
ing everything he possesses sold at auction, and himself 
and his family left in abject poverty. The government 
realizes that many men are brought to this position through 
no direct fault of their own. It realizes, too, that if the 
man is made a pauper, especially if he is advanced in 
years, it will be impossible for him to recover himself. 
The government therefore provides that eighty acres of 
land in the country or property in a city, town, or village 
not exceeding $2,000 in value shall be reserved to him. 
This protection is known as the homestead exemption. 

32. Government control over property. Tn general we 
may do what we please with our property so long as we do 
not interfere with the rights of other people. In case our 
property is a piece of land, we may erect buildings on it ; 
or we may dig beneath it; and if we find minerals, or coal, 
or oil, these things belong to vis. When the interests of the 
community, however, conflict with our own desires, the 
government places certain restrictions upon us in the use 
of our land. In country districts, for instance, the govern- 
ment usually requires that pastures shall be fenced in, in 
order that cattle may not stray around and injure other 
people's property. If the owner of a farm finds stray cattle 
injuring his crops, he has no right to destroy the cattle 
unless his farm is inclosed with a certain kind of fence 
prescribed by the government. 



44 HOW WE ARE GOVERNED IN ALABAMA 

In towns and cities various restrictions are placed upon 
the use of property. The government may determine the 
height of a building, or it may prevent a wooden structure 
from being placed in the heart of the city. It will not per- 
mit the owner of a piece of property to use his property for 
carrying on any business that would endanger the lives and 
property of others or be a nuisance to his neighbors. It 
usually requires the property owner also to keep the side- 
walks bordering his property free from obstructions. 

In some cases the government may even take our prop- 
erty entirely from us. It may seem advisable, for instance, 
to open a road or street through the property we own ; or 
the government may desire to construct a park, or put 
up a school or other public building on our property. 
Frequently the owner is willing to sell such property to the 
government for a reasonable amount. But in many cases 
terms cannot be agreed upon, or the owner may not wish 
to sell at any price. The government thereupon takes the 
property away from him. The law provides, however, that 
in no case shall this be done without just compensation 
being paid to the individual for his loss. This power of the 
government to take a man's property from him is called 
the power of eminent domain. 

The government usually confers this power upon rail- 
roads. It is absolutely necessary that railroads should be 
given the right of way over all property. While the indi- 
vidual whose property the railroad takes should be fully 
paid, he must nevertheless be prevented from charging an 
unreasonable price for it. 

In one other important instance the government takes 
the individual's property from him — and that, without any 
direct compensation in money. This, however, brings up 



PROTECTION OF PROPERTY 45 

the whole question of taxation, a subject which will be re- 
served for a later chapter. (See chapter VII.) 

33. Property owned by the government. In every com- 
munity the government owns some of the property. Rivers, 
most of the roads, and many of the bridges are the property 
only of the government. In cities the government owns 
the streets, alleys, and parks — those portions of the prop- 
erty that are used by all the members of the community in 
common. The government must own public buildings 
also, such as the State Capitol at Montgomery, the county 
court-houses, city and town halls, public schools, public 
libraries, post-offices, prisons, and poorhouses. 

34. Summary. We have discussed here only in brief 
outline what the government does to protect us in the pos- 
session of our property. As we stated in the beginning, 
the whole system of governmental protection of property 
is very complicated. Xow it may seem to you from what 
has been said that the government undertakes in many 
instances to interfere with us in the use of our property. 
There are restrictions in regard to this, and restrictions 
in regard to that. In every instance, however, where the 
government has seen fit to control us in the enjoyment of 
our property, it is because the interests of the community 
have demanded it. 

QUESTIONS FOR CLASS DISCUSSION 

i. What do we mean ry property? What property do you use 
in school? What part ot it belongs to you? What part belongs to 
the school? Who supplies this school property? Are you pro- 
tected in the possession of your books and pencils? Who protects 
you ? 

2. Tell what you know of the life of the American Indians in 
early times. What kind of property did they have? Why did 

they .lot own land? 



46 HOW WE ARE GOVERNED IN ALABAMA 

3. Who owns the land in your community? How may one man 
transfer a piece of land to another? In case of dispute over the 
ownership of a piece of land, who settles it? 

4. What means does your community afford for protection against 
burglaries? Who arrests the burglar and what is done with him? 
Why do police patrol the city streets? Why are streets lighted? 

5. Find out what you can about the fire department in your com- 
munity. What is its purpose? Who supports it? Have you ever 
seen a large fire? How is an alarm turned in? Explain how the 
department operates. Why are there no fire departments in the 
country districts? 

6. What property does the government own in "your community? 
How did the government get it? Why is this property owned by 
the government? 

7. Do you ever remember a road or street being opened in your 
community across some man's property? Or do you ever remem- 
ber a schoolhouse or other public building being built on some 
man's property? If you do not know of any such instance, per- 
haps your parents or teacher can tell you of one. Who opened 
this road or street? Or who built this building? How did the 
government get the property? Was the former owner justly paid? 
What is this power of the government to take property called? 



CHAPTER IV 

HOW OUR LIBERTY IS PROTECTED 

35. What liberty in a community means. When in the 
first chapter we were discussing our desire for liberty 
(see page n), we saw that liberty in a community does 
not mean the right to do anything we please. The rights 
of others must be considered. If everybody were free to 
do what he liked at any time, there would be no law and 
order, no peace and safety, no protection for our lives and 
property. 

Xow it may seem to you that the government, with all 
its laws and regulations and its officers appointed to carry 
them out, really deprives us of our liberty in many ways. 
This is quite true. But suppose the government did not 
exist. It is easy to see that the most powerful man would 
exercise his liberty without regard to those about him, 
especially if he happened to be a man of evil character. It 
is necessary for us to have, laws and government in order 
to prevent the strong from oppressing the weak. It is thus 
by restricting the liberty of everybody to some extent that 
the liberty of all is secured. 

36. How the government itself is restricted. You must 
not think, however, that the government can in every case 
make whatever laws it pleases. It cannot always pass laws 
that place restrictions upon our liberties. The people of 
Alabama, like the people in all the States of the Union, lay 
down certain limits in which the government may act. 
They determine what powers the government may exercise 

47 



48 HOW WE ARE GOVERNED IN ALABAMA 

and prescribe* certain things which the government itself 
may not do. 1 We saw, for example, that the government 
may not in any case take our property by its right of 
eminent domain without paying us a just amount for it. 
Again, when we were discussing the case of a man brought 
to trial for his life, we saw that there are certain rights 
which the government has to respect. It has to give him 
a trial by jury and an opportunity to defend himself in a 
fair and open court. More often, however, it is not a 
man's life which is at stake in such a trial but his liberty. 
He is in danger of being thrown into prison for the offense 
of which he is accused. In such cases the prisoner usually 
has the same rights that he would have if he were on trial 
for his life. In many other ways too the people place 
restrictions upon the powers of the government so that it 
may not be able to interfere with the individual's liberty. 

37. Protection of our freedom of speech. In some coun- 
tries today, as for instance in Russia, people have to be 
very careful what they say about the government. News- 
papers are prohibited from publishing articles criticising 
the government ; an officer called a censor is appointed to 
examine every article of news that they propose to publish. 
The object of this is to keep the people ignorant of what 
the government is doing. Even in countries much better 
governed than Russia, as for instance in Germany, the 
individual has to be very careful what he says about the 
sovereign. In Alabama, however, and indeed throughout 
the United States, there is no suppression of news in re- 

^his is accomplished by what is known as a Constitution. The 
Constitution is drawn up by representatives chosen by the people. 
It limits the powers of the government to interfere with certain 
of our liberties, and the government itself has no power to change 
the Constitution. See chapter VIIT. 



PROTECTION OF LIBERTY 



49 



gard to the government. Anybody may say what he 
pleases about the affairs of the government. 

Why is such liberty permitted in America? It is because 
we believe that the more the people know about the govern- 
ment the better government we shall have. It is neces- 
sary, therefore, that the people, be permitted to discuss 
the actions of the government very freely. Sometimes 
bad officers get control of the government. It is right 
that the people should know of this. On the other hand, 
good officers and good laws are sometimes condemned, 
and the liberty that we as a people enjoy in this respect is 
abused. This is, of course, unfortunate. But even though 
this liberty of speech is sometimes abused, it would be far 
worse if we were kept in ignorance of what the officers of 
the government are doing. 

During the second administration of President Washington and 
the administration of his successor, John Adams, the newspapers 
of the country became very violent and abusive in their attacks 
upon the national government. Congress sought to put a stop to 
this annoyance. They passed a law for the punishment of those 
who published scandalous articles about the government. This 
was regarded at the time as a serious interference with the liberty 
of the people. It was questionable whether Congress had the power 
to pass such an act. Both James Madison and Thomas Jefferson, 
in the famous Virginia and Kentucky Resolutions, expressed their 
hearty disapproval. The law remained in force only three years, 
and no attempt has ever since been made by the national govern- 
ment to pass a law restricting the freedom of speech. 

While we are secure in our right to discuss the govern- 
ment whenever we please, we may not, however, say what- 
ever we choose about our fellowmen. Suppose one man 
could say whatever he desired about another without any 
fear of punishment. It would often happen that stories 
would be told and published that would seriously hurt an 
innocent man's reputation or business. Indeed this is 



5 o HOW WE ARE GOVERNED IN ALABAMA 

sometimes done. Whenever a person can prove in court 
that he has been slandered by another, the law provides 
that his slanderer shall pay him a sum of money equal to 
the loss that he has sustained. This, of course, is not 
always sufficient to protect him, for it is difficult to measure 
a man's reputation in money. It is sufficient, however, in 
many cases to prevent men from making malicious attacks 
upon the personal character of others. 

38. Protection of our freedom of religion. Several cen- 
turies ago, in England and in other countries, people held 
such strong opinions about religious matters that those 
who controlled the government would often persecute those 
who held beliefs different from their own. You recall that 
the Puritans left England and Holland and established 
themselves in New England in order that they might wor- 
ship God as they chose. 

Even after religious persecutions had generally ceased 
among civilized people, the governments of most countries 
continued to prescribe a certain religion which was known 
as the " state religion. " No one could vote or hold office 
who was not a member of the so-called "established 
church'' — ■ that is, the church established and supported by 
the government. This state of affairs continues today in 
some countries. In others, as for example in England, 
while all such restrictions upon office holding and voting 
have been removed, the church is still supported by the 
government. People, however, are free to worship at any 
church they choose. 

In this day and generation we can scarcely understand 
how disagreeable it was to have the government impose 
one particular church upon all the people. We are accus- 
tomed to living in communities where every man is per- 
mitted to worship wherever he chooses and according to 



PROTECTION OF LIBERTY 51 

any form that he desires. Nor is any man today required 
by law to contribute to the support of any church. From 
the beginning of her history as a State the people of Ala- 
bama have prohibited The government from ever establish- 
ing any particular church. 

39. Protection of our personal freedom. So long as we 
obey the laws of the community in which we live, we can- 
not be restrained in our freedom to do as we please. We 
may move about freely from place to place. We cannot 
be forced to remain in any one community, nor can we be 
compelled to render service to any other person. Of course 
it is the duty of a man who is at the head of a family to 
provide support for his family, and this frequently requires 
him to render service to other people for which he is paid. 
This, however, does not bind one man to serve another. 
Children, too, are not wholly free from restraint. They 
are naturally under the protection of their parents, and their 
freedom is in that respect very properly denied to them. 

Before the War between the States, almost the entire 
negro population of Alabama, in common with the negroes 
of the rest of the South, was held in slavery. Slaves were 
bought and sold; indeed they were exchanged very much 
like other property. Although they were in most cases 
treated kindly by their masters, they did not enjoy any 
degree of personal freedom. They were compelled to do 
just what their owners required of them. As a result of 
the war, however, the negroes were made free, and today 
they enjoy the same amount of personal freedom that is per- 
mitted to the white population. It is now a general prin- 
ciple of government throughout the United States that no 
man is to be deprived of his liberty to do as he pleases so 
long as he obeys the laws of his community. 



52 HOW WE ARE GOVERNED IN ALABAMA 

40. Summary. You will perhaps understand more fully 
now what we mean when we speak of our liberty in the 
community. It is true that the laws which the govern- 
ment makes requ,ire many things of us and prevent us from 
doing others ; but as we have seen, this is necessary to pro- 
tect the rights and liberties of all. You must bear in mind, 
too, that the government itself is controlled by the people. 
It cannot deprive us of certain of our fundamental liberties. 

QUESTIONS FOR CLASS DISCUSSION 

1. What are some of the rules of your school that restrict your 
liberty? Why, for instance, are you not allowed to talk whenever 
you choose, or to move about as you choose, or to make disturb- 
ances? How would these things conflict with the rights of others? 
Explain, then, what liberty in the schoolroom means. 

2. How is your liberty in the family restricted? Who makes the 
rules which you must obey in the home? Why are they made? 

3. Compare the restrictions upon your liberty in the school and in 
the family with the restrictions which the government places upon \ 
the liberties of people living in the community. Why are these 
latter restrictions necessary? What, then, do we mean by liberty in 
a community? 

4. Can the government restrict the liberty of the people to any 
extent it chooses? Can the government, for instance, prohibit free- 
dom of speech? What do we mean by freedom of speech? Can 
one man say or print anything he chooses about another without 
fear of punishment? 

5. Does the government prescribe what church you shall attend? 
Could it do so if it wished? Why? Did the government of Ala- 
bama ever make such laws? What is meant by an "established 
church?" 

6. Could the government arrest you and throw you into prison 
without any cause? Suppose you were suspected of having com- 
mitted a crime, could you be arrested? What rights would you 
have? Would the government have to prove you guilty? 

7. Have the people of Alabama the right to talk freely about the 
government? What good results from this? What evil sometimes 
results? What liberties do all of us enjoy? 



CHAPTER V 

WHAT THE GOVERNMENT DOES TO HELP US. 
IN OUR DESIRE FOR KNOWLEDGE 

41. Why the government promotes education. Many of 

our histories record the famous remark made by Governor 
Berkeley, of Virginia, in his report to the Commissioners 
of the Colonies in 1671. "I thank God," he said, ''there 
are no free schools or printing presses, and I hope we shall 
not have any these hundred years. 5 ' We of this day can 
scarcely understand what could have prompted such a 
remark as this. It seems almost as if our whole lives were 
centered around our schools and printing presses. What 
could Governor Berkeley have meant? His declaration 
certainly had a deeper meaning than we may at first be- 
lieve. It is a well known fact of history that people can 
be held under a tyrannical government only by being kept 
ignorant, and this was exactly what Governor Berkeley 
had in mind. He realized very fully that as soon as the 
common people began to think for themselves, there would 
no longer be any possibility of the government oppressing 
them. They would rise up and demand those rights which 
they had come to understand through education. As soon 
as people begin to learn things, as soon as they begin to 
read and write, they begin to feel their power, and they 
immediately want to govern themselves. 

It is just as true, however, that we as a people are not 
capable of governing ourselves unless our minds have been 
trained, unless we have studied earnestly, unless we are in- 

53 



54 HOW WE ARE GOVERNED IN ALABAMA 

telligent and well read. This is one of the reasons why in 
the United States every State undertakes to provide schools 
for the people. The establishment of schools is the chief 
way in which the government can promote knowledge 
among a people and make them better citizens. Nearly 
everybody now admits that in a democracy — that is, a 
community in which the people govern themselves — the 
government must provide means for the education of every 
child, rich or poor, white or colored. 

42. The history of public education in Alabama. Except 
in Mobile County, no attempt was made to establish a sys- 
tem of public schools in Alabama until the year 1854. In 
that year the government determined to undertake the 
establishment of free schools throughout the State. 
Naturally the work proceeded very slowly, for there was a 
great deal to be done, and a large amount of money was 
necessary. Moreover, there was in Alabama at that time 
much opposition to public education. Many people felt 
that every man should pay for the education of his own 
children just as he pays for their food and clothing. And 
even many of those who were too poor to do this were too 
proud to accept the assistance of the government. They 
looked upon public schools as a charity. 

In spite of the largeness of the task which the govern- 
ment faced, and in spite of the opposition which the 
schools met, some progress was made during the years 
that followed. Then came the terrible War between the 
States, and much that had been done was undone. More- 
over, during the reconstruction days, the schools fell into 
the hands of scheming politicians, who cared less for pro- 
moting public education than for filling their own pockets 
with the people's money. By 1875 our State was be- 
ginning to recover from the effects of the war. The days 



PROMOTION OF EDUCATION 55 

of reconstruction were coming to a close. More money 
was becoming available for public schools. In that year 
the school system of the State was completely reorganized ; 
and from that time to the present day the work of pro- 
viding more and better schools has gone steadily on. 
Indeed it may be said that our present system of schools 
dates from the year 1875/ 

It has often been remarked that the Northern States 
were far in advance of the Southern States in establishing 
public schools. The Governor of Connecticut, at the same 
time that Governor Berkeley made his outrageous remark 
about free schools and printing presses, wrote to the Com- 
missioners saying : "One-fourth of the annual revenue of 
the colony is laid out in maintaining free, schools for the 
education of our children." This certainly showed a marked 
difference in the attitude of the two sections toward edu- 
cation — a difference which lasted in general until after 
the War between the States. Why was it that Alabama 
and the rest of the South were so long in establishing 
public schools ? There were several very good reasons. 

In the first place, Alabama, like the other States of the 
South, was settled in large plantations widely scattered 
over the State. The people of the country districts, there- 
fore, lived far apart from one another. Even had the 

x No marked change was made in the government of the public 
schools between 1875 and 1903. During this period of time, the 
schools of each township, covering an area of six miles square, 
were grouped together under one management; and the school 
funds of the State were distributed to the townships. In 1903 all 
this was changed. The schools of each county are now grouped 
together under one management, and State funds are distributed 
to the counties. Every county is divided into a number of school 
districts, and the schools of the entire county are controlled by 
the county board of education. 



5<5 



HOW WE ARE GOVERNED IN ALABAMA 



government in early times attempted to establish schools, 
it would have been almost impossible for the children in 
the outlying districts to have attended them. 




Main Building of the Alabama Polytechnic Institute 
Auburn, Alabama 

Moreover, there was in Alabama a large population of 
negro slaves. This fact caused society to be divided into 
three classes. There was first a wealthy class of land- 
owners and slave-owners, together with the professional 



PROMOTION OF EDUCATION 57 

men of the State. Next there was a class of poor white 
people consisting of mechanics, artisans, and laborers, who 
were despised by the negroes. And lastly there was the 
siave population. Now the government of Alabama was 
almost exclusively in the hands of the upper class. The 
people of this class had money and the opportunity to pro- 
vide education for their children by other means than at 
the public expense. They did not see the necessity, there- 
fore, for general public education in order that all the peo- 
ple might share in the government. 

In New England, however, where public education first 
flourished, conditions were very different. The people 
settled in towns and on small farms. They were all close 
together, and it was easy for the children to get to a school 
if it was provided for them. There were few negro slaves 
in these communities, society was not divided into classes, 
and nearly everybody took some part in the popular gov- 
ernment. Under such conditions it was natural that each 
of these town communities should establish a school for all 
the children. You can readily understand, therefore, why 
public education developed early in New England, and 
why it failed to develop in Alabama and the rest of the 
South. 

43. How the family should help to promote knowledge. 
There are many ways in which the family can and ought to 
assist in educating its members whenever it can afford to 
do so. There ought to be newspapers, magazines, and 
books in every household, and the children should be en- 
couraged in the reading of good literature. Sometimes the 
wealthier families in a community employ special teachers 
for their children. Sometimes they pay for their education 
at private schools and colleges. It is very clear, however, 
that if this were the only means afforded for the education 



58 HOW WE ARE GOVERNED IN ALABAMA 

of children, the result would be that only the well-to-do 
families would be educated. It is equally clear that if 
every child in the community is to have the opportunity 
of an education, the community must provide the schools. 

Perhaps the foremost duty of the family is to see that 
children are sent to school. Parents sometimes fail to 
realize their own responsibility. The government indeed 
provides the schools, but it is the duty of parents to see 
that their children take advantage of every opportunity for 
education that is within their reach. 

44. What the government of Alabama is doing for edu- 
cation. Those who have in charge the direction of public 
education in Alabama have said that their present aim is to 
place within reach of every child in the State a well 
equipped graded school for nine months in the year, and 
to establish in each county at least one high school. But 
the government has to face many difficulties in accomplish- 
ing this high purpose. In the first place, the necessary 
money is not always easy to secure. Sometimes com- 
munities are very poor. They object to giving a great 
deal of money for the establishment and support of schools. 
There are many people also who do not realize in its^ 
fullest sense the need of general education. They prefer 
to have the government spend its money for good roads or 
some other purpose. And even when schools are es- 
tablished, they prevent their children from attending them 
because they need them to work at home, in the factory, 
or on the farm. 

Another difficulty which the government has to face in 
the building up of a system of schools is caused by the fact 
that our population is divided into two races. There must 
be separate schools for each race, and the expense is in 
consequence often doubled. All the children of school age 



PROMOTION OF EDUCATION 59 

in a given community may not be more than fifty, but if 
twenty-five of these are colored children, there must be 
two schools. 

The government, however, has accomplished a great 
deal in the way of overcoming these obstacles. While 
the State government recognizes that it must do a great 




Universty of Alabama 

deal for the building up of the school system, nevertheless 
a large responsibility rests also upon each county and city. 
The State government appropriates a large part of the 
money necessary for the maintainance of schools in each 
community ; but the counties should, and many of them 
do, add to the State funds for the support of the schools. 



60 HOW WE ARE GOVERNED IN ALABAMA 

School buildings, moreover, must be erected largely by 
local subscription. In many cases it would be a great im- 
provement if the money at hand were spent in maintaining 
larger and better equipped schools rather than in the sup- 
port of a great many poor schools. (See pages 93, 94.) 

The government is encouraging the formation of school 
improvement associations in each community. The ob- 
ject of these associations is to arouse interest in public 
education and to exert their influence for the improve- 
ment of school conditions. There is also in Alabama a 
journal devoted entirely to the interests of. education. To 
this journal the government lends its encouragement. 

In the provision that is made for agricultural educa- 
tion in our State, Alabama stands foremost among the 
States of the Union. To this end there have been 
established in various parts of the State ten agricultural 
high schools. 1 These schools, in addition to the regular 
high school branches, provide for the teaching of scien- 
tific farming, gardening, and flower cultivation. An ex- 
periment farm is conducted in connection with each school. 
You must remember that a vast majority of the people 
of Alabama live on farms. It is of great importance, there- 
fore, that the boys and girls of the State should have this 
splendid opportunity for agricultural instruction. 

More recently our State government has made provision 
for the maintenance of a well equipped high school in 
each county, in addition to those schools in which the high 
school branches are now taught. These schools are being 
established first of all in those counties in which there is 
at present no State educational institution. 

It is evident that the government of Alabama is doing 

*One school is established in each congressional district. (P. 207.) 



PROMOTION OF EDUCATION 



61 



everything within its power to furnish the children of the 
State with excellent educational opportunities. 

45. Education in cities. Cities usually provide better 
equipped schools than the country districts are able to 
afford, and it is easy to see why this should be the case. 




Coffee County High School, Enterprise, Alabama 



The cities are always wealthier than the rural communities, 
and can more easily get additional money for their schools. 
There are many more children to be provided for, and 
since these children live close together, they find no diffi- 
culty in getting to and from school. In every city of Ala- 
bama there is a school within walking distance of every 
child. The organization of the schools is also usually 
better than that of the country schools. This results from 



62 HOW WE ARE GOVERNED IN ALABAMA 

the fact that in the cities it is possible for the superinten- 
dent of schools to keep constantly and closely in touch with 
the every-day conditions of his schools. In every city, 
moreover, and in many towns and counties, a high school 
is provided so that the young people may continue their 
education beyond the elementary studies. 

46. What the government does for higher education. In 

Alabama, as in most of the States of the Union, the gov- 
ernment is not content with providing graded and high 
schools for the boys and girls of the State. Some provision 
is also made for higher education in colleges, institutes, and 
universities. The University of Alabama, at Tuscaloosa, 
was established in 183 1 with funds received from the sale 
of public lands given by the United States government to 
the State of Alabama at the time of its admission into the 
Union. From that day to this, the University has been 
educating men whose influence has been felt not only in 
Alabama but also in the affairs of the nation. The Medi- 
cal Department of the University is located at Mobile. At 
Auburn the government lends its support to the Alabama 
Polytechnic Institute for the scientific training of young 
men. This institution ranks among the best of its kind in 
the South. The government has provided for the industrial 
education of girls and boys by establishing the Alabama 
Girls' Technical Institute at Montevallo and the Alabama 
School of Trades and Industry for boys and young men at 
Ragland. The government also makes special provision for 
the training of teachers. For this purpose normal schools 
or colleges have been established by the State at Florence, 
Troy, Jacksonville, Livingston, Daphne and Moundville. 

47. What the school does for the community. We have 
been discussing the question of what the community, or 



n 



w 



m 
n 

o 
o 







64 HOW WE ARE GOVERNED IN ALABAMA 

the government is doing for the schools. The question 
naturally arises, why should the government go to all of 
this trouble and spend all the money necessary to establish 
an adequate school system? We saw that one of the 
reasons for this was that the people of any community 
must be educated if they are to govern themselves intelli- 
gently. (See page 53.) You must not think, however, 
that schools are provided simply that men may know how 
to vote intelligently. There are several other reasons why 
the community ought to encourage and support schools. 
Let us see what some of these reasons are. 

In the first place, educated men understand some things 
which uneducated men do not understand. Knowing 
more things and having trained minds, they make better 
farmers, better store-keepers, better business men. They 
can earn more money, and whatever a man earns for him- 
self, you must understand, increases the wealth and pros- 
perity of the community in which he liyes. 

In the second place, your life within the school is very 
similar to the life you are to lead in the community. Just 
as in the community people have desires, so in the school 
the pupils have desires — desires for health, for possessions, 
for liberty, for knowledge, for progress. The purpose of 
the school is to assist the pupil in the attainment of these 
desires. But there are also conflicts in the desires which 
different pupils have, and as a result there are rules or laws 
of the school which must be obeyed. The teachers and the 
principal, backed by the superintendent and the school 
board, make and enforce these laws. They correspond to 
the government in a community; they are the govern- 
ment of the school. You thus see that in your life in the 
schoolroom you are face to face with many of the same 
conditions which people meet in community life. You are 



PROMOTION OF EDUCATION 



65 



trained at school into habits of obedience. You are taught 
to respect your elders and superiors, to be courteous 
always to your fellow-students, and to be considerate of 




Falkville Normal College 

This building was erected at a cost of $10,000 by the inhabitants 

of the small town of Falkville, Alabama. 



their rights and privileges. The good habits you form 
and the training you receive in school are just what you 
need to make you a better citizen in your community. 



66 HOW WE ARE GOVERNED IN ALABAMA 

Sometimes these facts are lost sight of in the every-day life 
of the schoolroom, but even when they are not brought to 
your attention, they are not without effect. Training for 
good citizenship is always present in the schoolroom. 

In the third place, our outlook is broadened by educa- 
tion. We learn of many things that have happened during 
the world's history, and of many more that are happening 
today. We learn to understand and appreciate many old 
things and to see many new things. We come to enjoy 
good books and other high forms of pleasure. We see our 
duty to our community more clearly. We are more will- 
ing to devote our time to the service of our community 
and State ; and perhaps we are trained so that we will make 
efficient servants of the public. 

Of course there are some exceptions to this. Not all 
educated men are noble, and high-minded, and considerate 
of the welfare of their community, but it is true that this is 
the general effect of education upon a people. You can 
easily see, then, what the school does in return for all that 
the community sacrifices to build and maintain it. 

In one other way does the school improve the com- 
munity. It often advances the prosperity of the commu- 
nity by increasing the value of property and attracting new 
residents. People do not always realize the truth of this. 
When families with children desire to move from one com- 
munity to another, they are often very particular to in- 
quire about the schools. They are unwilling to settle in 
any place unless there is a good school near at hand. This 
is true both in the city and in the country districts. More- 
over, whenever a handsome school is built in any commu- 
nity the property around the school nearly always advances 
in value. People want to live close to the school, and they 
are willing to pay for the privilege of doing so. 



PROMOTION OF COMMUNITY PROGRESS 67 

48. Other ways in which the government promotes knowl- 
edge. We have seen that the public schools are the chief, 
means by which the government fosters education in the 
community. The government does many other things, how- 
ever, to advance knowledge among the people. It has estab- 
lished at Talladega institutions in which the deaf, dumb, 
and blind, both white and colored, receive education appro- 
priate to their needs. There is a Reformatory and 
Industrial School for white boys at East Lake and a Re- 
form School for Juvenile Xegro Law T Breakers at Mount 
Meigs. To these schools wayward boys are sent to be 
instructed in useful trades and to receive moral training, 
in order that they may not in after years become criminals 
who violate the laws of the community. 

Hospitals for the insane white are maintained by the 
State in Tuscaloosa and for the insane colored at Mount 
Vernon. 

In Montgomery a library known as the Alabama State 
and Supreme Court Library is owned and supported by 
the government. Public libraries are maintained also by 
many cities of the State. In Bessemer, Decatur, Ensley, 
Eufaula, Gadsden, Montgomery, Selma, and Talladega, the 
buildings were given by Mr. Andrew 7 Carnegie; but each 
of these libraries is supported at the expense of the city. 
Birmingham and Mobile also maintain public libraries. 

49. Summary. It is evident that the communities in Ala- 
bama are making marvelous progress in the advancement 
of education and the promotion of knowledge among the 
people. There is much yet to be done. The day is not 
far distant, however, when every child in the State of Ala- 
bama may have the opportunity, at least, of securing a 
splendid education, free of all direct cost to his family, 
under the patronage and support of the State government. 



68 HOW WE ARE GOVERNED IN ALABAMA 



QUESTIONS FOR CLASS DISCUSSION 

1. What evidences are there in your community that the govern- 
ment is helping the people to attain knowledge? Are there public 
schools? Is there a public library? Is there a high school? A 
public institutions of higher learning? An Agricultural school? 

2. Explain how your life in the school corresponds to life in 
your community.. What constitutes the school government? Who 
makes and who enforces the laws? Do you see how your school 
training will help to make you a better citizen? In what way? 

3. Do the people in Alabama govern themselves ? What kind of 
government is this called? Why is education necessary for people 
who govern themselves? 

4. What are some of the reasons why public education did not 
develop in the South before the War? Why did it develop in New 
England? Tell something of the history of public education in 
Alabama. 

5. Tell what you know of the school system of your community. 
If there is no high school near you, is there any talk of establishing 
one? Who is your county or city superintendent? What are the 
duties of the school board? Do you know any of its members? 

6. Is your school a graded or ungraded school? Is your school 
building old or new? How was it paid for? How far is it from 
your residence? How do you get to school? What is the length 
of your school term? 

7. Who pays for the support of the public schools? Why does 
the government do this? Suppose the government did not provide 
schools, are there not many children who would be deprived of an 
education? 

8. In what ways does the family assist in education? What is the 
duty that parents owe their children? What duty do you as pupils 
owe yourselves? 



CHAPTER VI 

WHAT THE GOVERNMENT DOES TO PROMOTE 
COMMUNITY PROGRESS 

50. What community progress is. It is very necessary 
that the people who live in a community shall have daily 
intercourse with one another, and that this intercourse 
shall be made as comfortable and easy as possible. This 
calls for good roads and streets, for railroad, steamboat, 
and trolley lines. Means must be provided also by which 
the people of one community may have communication 
with the people of other communities. This requires that 
a system of post-offices be established, as well as telegraph 
and telephone service. Most of us too desire beautiful 
things around us, not only in our homes, but when we go 
out into the highways which are the common property of all 
the people of the community. The eye is pleased with the 
sight of such things as beautiful buildings, well-kept parks, 
and monuments, and our life within the community is made 
more delightful and more inspiring by the presence of 
these things. Now we usually have in mind undertakings 
of this kind when we speak of community progress. 

We must bear in mind, however, that each of us is very 
largely responsible for the progress that our community 
makes. The improvements we put upon our own property 
help to improve the community. When we plant grass 
and flowers in our yards, we improve the appearance of our 
community. When children refrain from scattering paper in 
the streets, from defacing trees and shrubs, from marking 

69 



70 



HOW WE ARE GOVERNED IN ALABAMA 



on fences and walls, they help to keep their community 
clean and attractive. When a man advances his own busi- 
ness interests, he promotes the welfare of the community as 
a whole, for the prosperity of the community is measured 
by the prosperity of those who live in it. In many ways 
each of us can assist in promoting the progress of our 
community. 

Sometimes, too, large companies are formed for the pur- 
pose of carrying on enterprises which advance community 
progress. Railroads, trolley lines, boat lines, the tele- 
graph and the telephone service are all owned and operated 
by private companies for the purpose of gain. The pro- 
gress of any community is very dependent upon such un- 
dertakings as these. 

In many cases, however, neither an individual nor a 
stock company is willing to undertake those things that 
are necessary for the progress of the whole community. 
Most of them require an enormous outlay of money, and 
from many of them no profit can be derived. It then be- 
comes the duty of the government to undertake these 
great enterprises. They call for the expenditure of a large 
amount of money, but they increase the comfort, the pleas- 
ure, and the pride of all the members of the community, 
and they facilitate communication and intercourse. 

51. Why good roads are necessary. Many people, 
especially those who live in cities, think that with our 
present system of railroads there is no longer any necessity 
for having good driving roads. They point out that ar- 
ticles of food and products for manufacture are brought 
into the great cities almost entirely by railroad or boat, 
They would perhaps be surprised to learn that ninety-five 
per cent of these articles have first to be hauled by wagons 
over the country roads to depots and wharfs. And it must 




An Unimproved Road 




The Same Road at the Same Point After Improvement 

71 



J2 HOW WE ARE GOVERNED IN ALABAMA 

be remembered that the people living in cities are abso- 
lutely dependent upon the people of the country districts, 
both for their food and for the raw materials which they 
use in factories. The problem of good roads is there- 
fore one in which all of us should be deeply interested. 

52. What the government in Alabama does for good roads. 
During the early history of Alabama it was generally the 
custom for the large planters to build such rude roads as 
they needed. With the growth of population it became 
evident that the community would have to undertake the 
construction of roads for the common benefit of all. Al- 
though there are still some private roads in Alabama, most 
of the roads are owned and maintained by the government. 

The law requires that every able bodied man in Alabama 
between eighteen and forty-five years of age shall give a 
certain portion of his time, not to exceed ten days each 
year, to work ori the building and repairing of roads. This 
law does not, however, apply to men living in towns and 
cities. Each county has control over its own roads. Offi- 
cers are appointed to superintend the work on the roads 
and to call out the inhabitants of the county for this pur- 
pose. In case a man who is called fails to appear, he is 
required to pay to the county not less than one nor more 
than three dollars for each day that he is due to work on 
the roads. Some counties make provision by which those 
who do not wish to work on the roads may instead pay 
to the county a sum not to exceed ten dollars a year. 
Sometimes also county and city convicts are put to work 
on the roads. 

These methods used for constructing and repairing roads 
in Alabama have not proved highly successful. Some 
people have the idea that anybody can build a road. As a 
matter of fact the building of a good road requires the 



PROMOTION OF COMMUNITY PROGRESS 



73 



skill of a trained engineer. Recognizing this, the State has 
recently created the State Highzcay Commission, which 
Commission employs a Highway Engineer and certain 
assistants. These officers are to assist the counties in the 
work of road construction. Moreover the State pays for a 
part of the expense of construction, but the county must 
also pay at least an equal amount. 




Pig-Irox Furnaces 
Showing hundreds of tons of pig-iron ready for shipment. 

53. How the government controls railroads. In Europe 
many of the railroads are owned and operated by the gov- 
ernment, but in the United States this plan is not adopted. 
The government realizes, however, that the people are very 
dependent upon railroads, and it lends every encourage- 
ment to the building of new lines through parts of the 
country where there are poor railway facilities. For in- 
stance, as we have already noticed (see page 44), it gives 



74 HOW WE ARE GOVERNED IN ALABAMA 

to the railways the right to take property whenever neces- 
sary under the power of eminent domain, provided always 
that the owner shall be justly paid for the property that is 
taken. The government realizes, too, that the indivi- 
dual members of a community are very much at the mercy 
of railroads. They may charge exorbitant fares and 
freight rates, or they may be inconsiderate of the traveler's 
comfort. The government has therefore found it neces- 
sary to subject railroads to very rigid control. 

In Alabama there is a board known as the Board of 
Railroad Commissioners, whose duty it is to make regula- 
tions for the control of the railroads in the people's in- 
terests. This board consists of three men. It has the 
power to supervise the railroads of the State, and to re- 
quire them to provide comfortable and convenient service 
for the public. The board can even punish railways by 
heavy fines in case they refuse to obey its orders. The 
members of the board are given the right also to examine 
the books of the railways and to require reports from them, 
in order that they may at all times be thoroughly in touch 
with the affairs of every railroad. 

Most of our large railways extend beyond the State of 
Alabama into neighboring States. Of course Alabama can- 
not completely control the operations of such railways. 
Wherever these conditions exist, it is necessary for the 
national government at Washington to undertake the 
control. 

54. How the government controls waterways. The rivers 
of Alabama and the harbor at Mobile are the property 
of the whole people. No one can claim these waterways 
as a part of his own property. Before the days of the 
steam-engine or even of good driving roads, much of the 
travel and most of the freight traffic was carried on by 



PROMOTION OF COMMUNITY PROGRESS 75 

means of the waterways. Alabama is peculiarly fortunate 
in having a number of navigable rivers and a good harbor. 
The government does many things for the improvement 
of the means of navigation. It provides for the dredging 
of rivers and of the harbor at. Mobile in order that large 
boats may be able to navigate them. It surveys and makes 
charts of the channels of these waterways in order that 
boats may not become grounded in shallow water. The 
government makes regulations also for the pilots who are 
to steer boats through these channels, and in many other 
ways it provides for security of travel by water. In order 
that boats may be able to pass over river shoals, locks have 
been constructed in a number of our rivers at a great ex- 
pense to the government. 

55. How the government controls trolley lines. With the 
use of electricity in transportation vast systems of trolley 
lines have developed in and near some of the cities of 
Alabama. The government finds it necessary to control 
these lines in much the same way that it controls steam 
railways. Xo company can use the streets of a city for 
the operation of electric cars without the consent of the 
government. In return for its consent, the government 
usually reserves the right to fix the fares to be charged, 
and to regulate the speed of the cars and the frequency 
with which they must run. 

These trolley lines form a net work of tracks through- 
out our larger cities. They provide easy means of trans- 
portation from one part of the city to another, and they 
frequently extend a considerable distance into the country 
districts. Around the larger cities of Alabama extensive 
rural trolley lines have grown up. The city of Birming- 
ham is connected by trolley lines with Avondale, Wood- 



j6 HOW WE ARE GOVERNED IN ALABAMA 

lawn, East Lake, Pratt City, Ensley, Wylam, Owenton and 
Bessemer. 

Many advantages have resulted from the growth of 
suburban electric lines. People no longer have to live 
near their place of work. At little cost and in a short 
time they can be carried away from the city to pleasant 
homes in the surrounding country. There they enjoy 
better air and have some of the advantages of country life. 
Land too is always cheaper on the outskirts of a city, and 
people of small means can more easily establish homes of 
their own. 

56. Transportation and progress. In what we have said 
about roads, waterways, railways, and electric lines, we 
have frequently used the word "transportation," which 
means the methods by which persons and freight are car- 
ried from one point to another. In modern times it is 
very necessary that transportation be made easy, safe, and 
comfortable. People have to move from place to place 
very frequently. They cannot afford to waste much time 
in travel. The more quickly they are enabled to reach 
their destination with safety, the more they can accom- 
plish. It thus happens that the progress of a community 
can often be measured very, definitely by the means of 
transportation which the community affords. 

57. What the government does for the transmission of 
news. Postal service. Even as far back as the colonial 
period a crude system of post-offices was established, 
largely through the influence of Benjamin Franklin. At 
first it was a private undertaking, but the people very soon 
realized that it was an enterprise affecting the interests of 
the whole country. It was not long, therefore, before it 
was taken over by the government. Today the business 



PROMOTION OF COMMUNITY PROGRESS 



77 



of carrying the mails is owned and operated exclusively by 
the national government at Washington. 

In early days the mails were subjected to the same de- 
lays and difficulties that attended travel. They were car- 
ried by horsemen or stage-coaches, and postage was very 
expensive. After the building of railroads there came a 




A Rural Free Delivery Wagon 
Ready to start from the village post-office 



reform in the service. The charges for postage were 
greatly reduced, for the government came to realize that 
cheaper and quicker service was necessary for the progress 
of the whole country. 

Since the first reduction of postage rates, many other 
reforms have been introduced to facilitate the carrying of 
the mails and to improve the usefulness of the service to 
the people. One of these more recent progressive steps 



78 HOW WE ARE GOVERNED IN ALABAMA 

has been the establishment of what is known as "rural free 
deliveries." Where such delivery routes have been estab- 
lished in the country districts, the farmer now gets his 
letters and newspapers promptly, and without the necessity 
perhaps of a long trip to the post-office. Another recent 
reform was the establishment of "postal savings banks" in 
connection with many post-offices throughout the country. 
These banks were provided largely for two classes of 
persons : first, for those who, for one reason or another, 
were unwilling to put their savings in already existing 
banks but who, on the other hand, were entirely willing to 
trust them to the keeping of the government; and secondly, 
for those who did not have at hand any bank that would 
pay them interest on the money which they deposited. The 
latest reform in the postal service has been the establish- 
ment of the "parcel post." For a long time small packages 
have been carried in the mails. Now, however, the govern- 
ment will transmit in the mails any package of merchandise 
not more than six feet in length and girt combined, and 
not weighing more than eleven pounds. The rates for carry- 
ing such packages vary with the weight and the distance to 
be carried. 

On account of their weight, newspapers, magazines, and 
books are more expensive to carry than letters. Yet because 
such miatter promotes the general knowledge and informa- 
tion of the people, it is carried by the government at lower 
rates, even though this policy results in great loss. 

Telegraph and telephone service. In the United States, 
the transmission of news by telegraph and telephone is a 
business undertaken by large companies for purposes of 
gain. Although the government does not own the telegraph 
and telephone systems, the companies engaged in operating 
them are subjected to strict control. The government real- 



PROMOTION OF COMMUNITY PROGRESS 



79 



izes that we have become very dependent upon these 
methods of transmitting intelligence. It tries to prevent 
telegraph and telephone companies from charging exorbi- 
tant rates, and it usually requires them, in the interests of 
the public, to maintain a thoroughly efficient service. 

In recent years telephone systems have been installed in 
many of the country districts o'f Alabama. In consequence, 
people who live on farms that are some distance apart 
have means for enjoying constant communication with one 
another. Moreover the telephone enables them to keep 
in touch with neighboring towns and cities both for busi- 
ness and social purposes. 

The rural telephone, the rural free delivery, and the parcel 
post have proved to be of immense importance in promoting 
the progress of our farm communities. 

58. How the government controls the streets. In cities, 
as we have seen, the streets are the common property of 
all the people and are controlled by the government for 
the people's benefit. Their chief use is for walking and 
driving. The government, however, allows the streets to 
be used for many other necessary purposes. Sometimes a 
street is temporarily closed for repairs or for excavations, 
and sometimes when buildings are being erected or torn 
down, a street is partially obstructed. In all of our cities, 
however, the government makes regulations to prevent 
people from placing unnecessary obstructions in the streets. 
\\ hen a large building is being erected in the business sec- 
tion of the city, you may have noticed that the sidewalk 
is often covered over in order that people may pass to and 
fro in safety. 

Frequently the government itself makes use of the 
streets for the benefit of the people. It places numerous 
mains and pipes beneath the streets for the purpose of 



80 HOW WE ARE GOVERNED IN ALABAMA 

carrying off the sewerage, and sometimes for the purpose 
of supplying water and gas to the inhabitants of the city. 
The government usually owns the sewer system and some- 
times the waterworks and the gas plant. Whenever the 
government operates such things as these, it makes free 
use of the streets. 

Private companies are also permitted to use the streets 
for certain purposes of advantage to the people. Water 
companies and gas companies are permitted to lay pipes 
beneath the streets. Electric car companies are permitted 
to lay tracks and string wires. Telegraph, telephone, and 
electric lighting companies are also allowed to put up 
poles and wires. In every case, however, the government 
reserves the right to regulate the business of these com- 
panies. (See pages 75, 78.) 

The custom of stringing wires on poles along the streets 
is very objectionable. The intricate network of wires 
in the business section of the city is not only dangerous 
but presents an unsightly appearance. The day will come 
when overhead w T ires will give way to the more improved 
system of placing them underground, although this latter 
system is far more expensive. 

You see therefore that the government endeavors in 
many ways to control the streets for the the best interests 
of the people living in the city community. 

59. How the government improves the appearance of the 
community. In the country districts where people live 
scattered about on farms, whatever is done to beautify the 
community must be attended to largely by individuals. 
The farmer can do much to add to the attractiveness of his 
surroundings. In clearing out ground for cultivation, 
trees should always be left standing along the roads. Vine 
hedges are a great improvement upon bare fences of wire 



PROMOTION OF COMMUNITY PROGRESS Si 

or rails. Freshly painted houses and barns, neatly kept 
barn-yards, well ordered lawns in front of the houses, trees 
and flowers — these are a tew of the things that help to 
make rural communities more pleasing to the eye and more 
inspiring and attractive to live in. We cannot afford to 
neglect such things as these. All of us should be willing 




A Well Paved Oity Street 
Five Points, Birmingham. Alabama 

to do what we can to improve the appearance oi our sur- 
roundings. 

The individuals who live in cities are also largely re- 
sponsible for the attractive appearance of their community 
i see page 69), but in addition the city government under- 
takes many things to improve appearances. Cleanliness is 
naturally the first consideration. To this end the govern- 



82 HOW WE ARE GOVERNED IN ALABAMA 

ment either requires the individual to pave the sidewalk 
bordering his property or else assists him in paving it. In 
most cities too the government either macadamize the 
roadbeds of the principal streets or paves them with stone, 
brick, or asphalt. It provides also a force of men whose 
duty it is to keep the streets well swept, and in % some cities 
the streets are watered to allay the dust. 

But cleanliness is not all; something must be done to 
add to the beauty of the streets. Our city governments 
provide for the setting out of trees, which greatly improve 
the appearance of the streets and add to the comfort of 
those who use them during the heated season. Parks are 
also provided, with stretches of closely cropped grass, 
beautiful shade trees, beds of flowers, fountains, and well- 
kept paths. The government frequently assists in erecting 
monuments to commemorate the site of some important 
event of history, or the life of some great hero. In erect- 
ing public buildings, it is the duty of the government — a 
duty not always observed — to see not only that the build- 
ings are suited to their purpose, but that they are also an 
architectural ornament to the community in which they 
are erected. 

The grounds around school buildings can be made 
attractive at comparatively little expense. Cleanliness and 
beauty can be very easily provided for. You, as school 
children, can do many things to beautify your school build- 
ing and grounds. In most cases you can have flower beds 
in the school yard, and you yourselves can care for the 
flowers. Perhaps you can also plant trees and vines about 
the grounds. Especially, however, can you assist by tak- 
ing care of the school furniture, and by refusing to litter 
the school yard or to place unsightly pictures and writing 
on walls and fences. 



PROMOTION OF COMMUNITY PROGRESS 83 

60. Summary. Perhaps you now have a better idea of 
how many things the government is doing to promote 
community progress. If our community has the progres- 
sive spirit, it cannot fail to be an attractive and inspiring 
place to live in. There are many things which we our- 
selves can do, but there are others that the community as 
a whole must undertake. Each of us can show our interest 
in these things and our appreciation of them. We can do 
much to make our own homes a pride to the community. 
And we can -certainly refrain from interfering with the 
community's efforts to keep the roads, the streets, the 
parks, and the schoolhouses clean and beautiful. 

QUESTIONS FOR CLASS DISCUSSION 

1. What are the means afforded by your community for your get- 
ting to and from school? Is your school building attractive? Are 
there flowers and trees in the yard? Are you pupils careful to keep 
your school neat and clean? Can you think of some things that 
could easily be done to make your school more attractive? Can you 
help in any way? 

2. What is the condition of the roads in your community? Are 
there any macadamized roads? Who attends to the repairing of the 
roads? Do you know of any road that has recently been repaired? 
How 7 was it done? Are there any private roads in your county? 
Who owns them? Why is the method of having the farmers work 
on the roads a number of days each year unsatisfactory? Are men 
in your county permitted to pay money to the county instead of 
working en the roads? How much do they pay? 

3. Are there any waterways near your community? Who owns 
them? Is anything being done to improve them? Do you know 7 of 
any river or harbor that has been dredged recently? 

4. Is there a railway in your community? Who owns it? How 
does the government control it? What are the duties of the State 
Board of Railroad Commissioners? 

5. Are there any electric lines in your community? Are they 
wholly within your town or city, or do they run into the country? 



84 HOW WE ARE GOVERNED IN ALABAMA 

Who controls them? If you live in a city, is your electric car ser- 
vice good or poor? Have the suburbs of your city grown since the 
building of electric lines? 

6. How far is your post-office from your home? Are letters de- 
livered to you, or do you call for them? Who owns the post- 
offices? Why are newspapers and books carried for less than 
letters? 

7. How far from your home is the nearest express office? The 
nearest telegraph office? Is there a telephone service in your com- 
munity? Does the government own any of these services? Does it 
control them? 

8. If you live in a city, find out who owns the waterworks. The 
gas-plant. The electric plant or plants. How are water, gas, and 
electricity distributed through the city? 

9. Does your city permit wires to be strung on poles along the 
streets? What objection is there to this? Do the electric car lines 
and the telegraph and. telephone companies pay for the use they 
make of the streets? What use do they make? Whom do they 
pay? 

10. Are the sidewalks of your city or town paved? Who paved 
them? Are the roadbeds of the streets paved? Who paved them? 
Are there trees along the streets? Who set them out? What are 
the names of your parks? Describe them. Are they well kept? 
Who pays for keeping them up ? 

11. Why does the government undertake these things for the 
cities? Who enjoys them? Why are such things not done in the 
country districts? Can you think of anything that could be done 
to improve the appearance of your community? Is there anything 
you could do? 

12. Are there any public buildings in your community? Mention 
one that you think is beautiful. One that you think is unsightly. 



CHAPTER VII 

HOW THE GOVERNMENT OF ALABAMA IS 
SUPPORTED. 

61. What is meant by taxation. In the foregoing chap- 
ters we have seen something of what the government does 
to assist us in the attainment of certain desires that we 
should be unable to enjoy without assistance. Have you 
stopped to consider that a great deal of money is needed 
for the working out of all these plans ? In a State like Ala- 
bama there must be many officers to carry on the work of 
the vafious departments of the government. To these 
salaries must be paid. There must be many buildings, 
such as court-houses and jails, schoolhouses and libraries, 
city halls, fire houses, and poorhouses. There must be 
money for the improvement of roads, the paving of streets, 
the building of bridges. Where does this money come 
from? It is raised by a system called taxation. 

Most of you have doubtless heard taxes spoken of, but you 
may never have understood just what they are, or why they 
are necessary. Now your attention has been called to the 
fact that the government undertakes to do for the people of 
a community many things that oromote the welfare of the 
community as a whole. For these things money is needed. 
Perhaps you will appreciate more fully, then, why the rais- 
ing of taxes is a very essential part of life in a community ; 
it is essential to the existence of the government, and there- 
fore essential to the peace and the happiness of each of us 
living in the community. 

85 



86 HOW WE ARE GOVERNED IN ALABAMA 

What is a tax ? A tax is a sum of money taken from the 
individual to be used by the government for the interest 
of the whole community. Or, as it is sometimes briefly 
put, "a tax is private property taken for a public purpose." 
You must bear in mind that taxing is taking property; for 
although taxes are usually paid in money, we must not for- 
get that money is one form of property. 

Many people have a feeling that the payment of taxes is 
a great hardship. They look upon it almost as oppression. 
They do not see that they are doing anything wrong if they 
avoid paying their taxes whenever it is possible. They 
sometimes even make false statements in order to be re- 
lieved of the burden of taxation. They do not seem to 
realize that the government gives them something in re- 
turn for the money paid in taxes. It gives them innumer- 
able protections for their life, their liberty, and their prop- 
erty, and innumerable benefits such as good roads, paved 
and lighted streets, and schoolhouses. As a matter of fact, 
we should be just as willing to pay for these things as we 
are to pay for the things that we buy in the shops. Most 
of us get far more from the government, in the form of 
benefits and protections provided for us, than we ever 
actually pay for in taxes. 

You will remember also that the government sometimes 
takes property from the individuals of a community under 
the power of eminent domain, whenever their property is 
needed for the opening of a street or a road, or any other 
public purpose. (See page 44.) But this is very different 
from taking property by taxation. When the government 
exercises this power of eminent domain, it always pays the 
individual directly in money for the property it takes. In 
the case of taxes, however, the government pays the indi- 
vidual only indirectly in those general things which it 



HOW THE GOVERNMENT IS SUPPORTED 87 

undertakes for the common welfare of all who live in the 
community. 

62. Taxation in history. It is always true that, next to 
their life and liberty, people dislike more than anything 
else to give up their property. Nothing so quickly in- 
fluences the people of a community against the govern- 
ment as the feeling that the taxes demanded of them are 
unjust. Two of the greatest questions of all times have 
been: (1) Who shall have the power to impose the taxes? 
(2) How much shall the taxes be" Terrible wars have 
been fought out over these questions. Our own Revolu- 
tionary War arose, you remember, over a dispute in re- 
gard to taxes. Parliament claimed the right to tax the 
colonies. The colonists objected and demanded the right 
to have a voice in the laying of these taxes. The war 
resulted, and we became an independent nation. 

63. The principles of taxation. Ever since the Revolu- 
tionary War it has been settled in the United States that 
the people alone shall have power to tax themselves. This 
does not mean that each person shall have the power to 
say how much he will or will not pay to the government. 
Xor does it mean necessarily that all the people must come 
together to determine this question directly. It does mean, 
however, that taxes can be levied only by those whom the 
people themselves choose, and to whom they give the 
power to impose taxes. 

The second principle of taxation is that as nearly as pos- 
sible people shall be taxed according to what they can afford 
to pay. If we look at the benefits which each of us gets 
from the government., this is perhaps not wholly just. 
The rich man, who pays large taxes, receives no more 
benefit from well-kept streets and parks, and from the 
many things which the government does to protect the 



88 HOW WE ARE GOVERNED IN ALABAMA 

health of the community, than does the poor man, who 
pays little or no taxes. On the other hand, if the wealthy 
citizen owns large property interests, he does receive a 
great deal of protection from the government which the 
poor citizen, owning no property, does not need. At any 
rate, this plan of taxing the individuals of a community 
according to their ability to pay is the most just principle 
for the levying of taxes that has yet been discovered. 

The third principle in our system of taxes is that taxes 
must be equally and impartially laid. All people of a cer- 
tain class and all property of a certain class must be taxed 
alike. This means that the government cannot, for in- 
stance, lay a tax of a certain amount on one man's farm or 
factory and refuse to lay a like tax on a similar farm or 
factory belonging to another man. 

These are perhaps the three most important principles of 
taxation. They form the basis of most of our methods of 
raising money for the support of the government. 

64. Taxes on property: real estate. In every community 
taxes are levied on a great variety of things, but the chief 
thing taxed is property. The law provides that all the 
owners of property shall pay annually to the government 
a certain per cent of the value of their property. When 
this property consists of land and houses — or real estate, as 
it is called— it is easy to determine who shall pay the taxes, 
and usually it is easy to fix the amount to be paid. 

The government appoints certain officers to estimate 
what the value of each piece of property is. This is called 
assessing the property, and these officers are called 
assessors. The taxes are then paid on the property in 
accordance with its assessed value. 

Naturally it is sometimes difficult to fix the value oi^ 
given piece of property. In order, therefore, that the 



HOW THE GOVERNMENT IS SUPPORTED 89 

owner may not be unjustly taxed, property is generally 
assessed at somewhat less than its actual value. Suppose 
a farm would bring, if sold, about ten thousand dollars. 
The assessors would probably place its valuation at six 
thousand dollars. If then the rate of taxation was two per 
cent, the owner would be required to pay the government 
every year two per cent of six thousand dollars, or one 
hundred and twenty dollars. This custom of assessing 
property below its real value is pretty general, although the 
law requires that property be assessed in full. 

65. Taxes on personal property. Where the individual's 
property consists of farming implements, cattle, furniture, 
jewelry, books, and even money, it becomes very difficult 
to collect the taxes levied upon it. These things are called 
personal property. You can readily understand that it is 
easy for the owners of such property to deceive the officers 
of the government by refusing to acknowledge all that they 
possess. Unfortunately people cannot be relied upon to 
tell the truth about these things, and the result is that only 
the honest man, who is willing to tell the whole truth, pays 
the full amount of taxes laid on his personal property. With 
lands and houses it is different, for such things cannot be 
hid. In all countries, however, taxes on personal property 
have proved to be more or less a failure. 

66. Taxes on business property. In addition to the taxes 
laid on real estate and on personal property, taxes are 
levied on almost every kind of property used in carrying 
on business. This property is generally classed with per- 
sonal property, for it is in reality the personal property 
of those who are conducting the business. It may consist 
of wharves, landings, and vessels; of railway tracks, en- 
gines and coaches ; of goods for sale in the shops ; or of 
machinery used in water-works, electric plants, mines, 



9 o HOW WE ARE GOVERNED IN ALABAMA 

furnaces, rolling mills, or other manufacturing plants. In- 
deed the law imposes a tax on nearly every kind of 
property used for business purposes within the State. 

67. Other important forms of taxation. 1. License taxes. 
The government requires that before any person may en- 
gage in certain kinds of business he must obtain per- 
mission from the government. This permission is known 
as a license, and the government requires that the in- 
dividual who receives it shall pay what is known as a 
license tax. While such taxes are imposed on a great 
many different kinds of business, they are not levied on 
every business. The amount of the license tax varies with 
the nature of the business and frequently also with the 
size of the town or city in which it is conducted. 

2. Franchise taxes. Certain companies and corporations 
are taxed for special privileges which the government 
grants them. These taxes are called franchise taxes. Rail- 
way companies, for instance, pay such taxes for the privi- 
lege of constructing their lines and operating in the State. 
Telephone, telegraph, and express companies pay similar 
taxes. Street railway companies, water, gas, and electric 
light companies pay franchise taxes for the use which 
they make of the city streets. 

Franchise and license taxes are very much alike. We 
frequently speak of all taxes of this kind as privilege taxes, 
for they are all imposed for the privilege of conducting 
business. A franchise tax, however, is usually imposed 
for a special privilege, as for instance, the privilege of using 
the streets to lay tracks or pipes or to string wires. 

3. Corporation taxes. Whenever a number of persons 
desire to go into business together, it is quite usual for 
them to organize a company. This company applies to 
the government of Alabama for the permission to organize 



HOW THE GOVERNMENT IS SUPPORTED gt 

according to the laws of the State, and when the per- 
mission is granted the company is known as a corporation. 
The government imposes an annual license or privilege 
tax on every corporation so organized. 

Moreover, when a corporation organized in any other 
State desires to conduct business in Alabama, it must pay 
the government a tax for this privilege. 

-4 The poll-tax. On every male resident of the State be- 
tween twenty-one and forty-five years of age a tax of 
$1.50 is levied. This is called a poll-tax, and no man can 
vote in Alabama who has not paid this tax. 

5. Special assessments. When streets or alleys are paved, 
and when sewers are laid, it sometimes happens that the 
owners of property bordering along the streets and alleys 
receive more benefit from these improvements than any one 
else in the community. The value of their property is in- 
creased by such improvements, and it seems only just that 
they should be made to pay a part of the expense. The 
government provides that a special tax shall be levied 
against the owners of such property, and these taxes are 
known as special assessments. The owners cannot, how- 
ever, be taxed beyond the amount by which the value of 
their property is increased because of these improvements. 

68. Property that is not taxed. In every community in 
Alabama certain property is free from taxation. It would 
be absurd for the government to tax its own property — its 
public buildings, schoolhouses, roads, and streets. This 
would mean only that the government was paying itself 
taxes. The law provides that no taxes shall be imposed 
upon a certain amount of land used for religious worship, 
for private schools, or for charitable purposes. Libraries, 
too, are in general free from taxation. Such property as 
this is not taxed because, although private in its character, 



92 HOW WE ARE GOVERNED IN ALABAMA 

it is in reality used for the benefit of the whole community. 
It is also provided that a certain amount of a man's house- 
hold furniture, cattle, tools, and implements shall be free 
from the tax laws, and that the farmer who raises cotton 
and other agricultural products shall pay no taxes on them. 
These provisions lighten the burden of taxation on men of 
small means and promote agricultural industry. 

69. State and local taxes. Most of these taxes that we 
have been discussing are imposed on property, business, 
and persons in all parts of the State. They are laid by the 
government of the State for the purpose of carrying on 
those affairs in which the whole State is concerned — that 
is, for the support of the State government. But the State 
government does not pay the salaries of county, city, and 
town officers, nor does it pay for the construction of 
roads in the counties, nor for the laying of sewers and 
the paving of streets in the cities. These and many other 
things are undertaken by the local governments in the 
different counties and cities of the State, and they must 
be paid for out of the funds raised in the local communi- 
ties. 

It must be clear to you, then, that in addition to the 
taxes levied by the State, each community must levy taxes 
for community purposes. As a matter of fact, every 
county, city, and town in the State of Alabama lays a tax 
on property in addition to the State tax; but many restric- 
tions are placed upon the local governments in the amount 
of taxes which they may impose. Cities and towns usually 
raise a part of their funds also by placing license taxes 
on many kinds of business. 

We shall understand this difference between State and 
local taxes more fully a little later in our study. (See 
^3ge 104.) The important thing for you to remember is 



HOW THE GOVERNMENT IS SUPPORTED 9- 

that a part of the taxes we pay goes to the support of our 
State government, and another part to the support of our 
community government. 

70. How the public schools are supported. We have 
already learned about the many things that our State is 
doing to advance the cause of public education. Every 
boy and girl in Alabama should be interested in learning 
how the funds for this purpose are secured. Nearly all 
the money for the support of the schools is paid out of 
the State treasury to the county officers who have control 
of the schools. From what sources does the State secure 
this money? 

When in 1819 Alabama became a State of the Union, 
the entire State was laid off in divisions known as town- 
ships. Each township was six miles square and was divided 
into thirty-six sections, each one mile square. The United 
States government provided that the sixteenth section of 
each township should be set apart for the support of the 
public schools. The land in some of these sixteenth sec- 
tions proved to be worthless. In these cases the United 
States government gave valuable mineral lands instead. 
Unfortunately these public lands were often badly managed. 
Many of the sixteenth sections were lost. But the State 
still holds a large sum of money secured from the sale of 
these lands, and the yearly interest on this money is used 
for the public schools. 

In 1836 the United States government loaned to the 
State of Alabama, as well as to many other States, a sum 
of money the interest on which must be annually applied 
to the support of the schools. It is not probable that our 
national government will ever require Alabama to return 
this loan. 

For the support of the schools the State government 



94 HOW WE ARE GOVERNED IN ALABAMA 

lays an annual tax of thirty cents on every one hundred 
dollars' worth of taxable property in the State. The money 
raised from this tax forms a large part of the revenue for 
school purposes. In addition to this, all the poll-taxes paid 
in each county go to the support of the schools of that 
county. Some money is secured from less important sources. 

The money secured by these means is distributed by the 
authorities who control the public school system of the 
State. Each county receives an amount in proportion to 
the number of school children in the county. This money 
is used, however, almost entirely for the purpose of paying 
salaries to teachers. As you know, there are many other 
expenses in connection with the maintenance of schools. 
The State government indeed provides for each county a 
sum of one thousand five hundred dollars a year for the 
building and repairing of schools. But this is only a small 
part of what is needed for this purpose. It is absolutely 
necessary, therefore, that the people of each community 
shall give money for the erection of school buildings. 

For school purposes the people of each county are per- 
mitted to lay a tax of ten cents on every one hundred 
dollars' worth of taxable property in the county. This tax 
cannot be laid, however, unless two hundred residents, who 
are voters and property owners, petition to have the tax 
imposed, and unless the people of the county vote in favor 
of the tax. A great deal of improvement could be made 
in the schools if the people of every county in the State 
would vote to lay this tax upon themselves. Whether the 
schools in any community are good or poor depends largely 
upon the people of that community. 



HOW THE GOVERNMENT IS SUPPORTED 



QUESTIONS FOR CLASS DISCUSSION 



95 



1. Has any public building been erected in your community re- 
cently? Try to find out how much it cost. Did the county, city, or 
State pay for the building? Why? Try to find out how the money 
was raised. Explain how this building is used for the benefit of the 
people of your community. 

2. How is money raised for the improvement of roads in your 
county? Try to find out what the tax assessment for roads is. 
Who determines this assessment? 

3. How are the schools supported in your county? Have any new 
schoolhouses been built recently? How much did they cost? Try 
to find out how these buildings were paid for. 

4. In what ways that you can think of do people in your com- 
munity receive benefits from the taxes they pay? Explain why it is 
dishonest to avoid paying taxes. Explain why it is wrong to look 
upon taxes as oppression. 

5. What part did the question of taxation play in the causes of our 
Revolutionary War? What principle of taxation was in conse 
quence established in America? 

6. In what ways that you can think of does the owner of prop- 
erty get special benefits by paying the large taxes that are assessed 
upon him? 

7. What is fhe difference between real estate and personal prop- 
erty? Do you own any real estate? Any personal property? Ex- 
plain why it is easier to collect taxes on the one than it is on the 
other. 

8. What is meant by assessing property for taxation? Try to find 
out whether property in your community is said to be assessed higa 
or low. What does this mean? 

9. What property that you can think of in your community is free 
from taxation? Why is it not taxed? Is your school building 
taxed ? Why ? 

10. Mention some other forms of taxation in Alabama and ex- 
plain what is meant by each? 

11. What is meant by local taxes? Why are they necessary? 
Try to find out what is the local rate of taxation on property ir 
your community. (See Constitution, Sections 215 and 216.) Th<< 
State rate. (See Constitution, Section 214.) 



CHAPTER VIII 

WHAT THE CONSTITUTION IS 

71. How Alabama became a territory. You will recall 
from your study of the history of our State that, at the 
time of the Revolutionary War and the foundation of the 
Union of which we are today a part, the territory occupied 
by the present State of Alabama was little more than a 
wilderness. It was inhabitated largely by Indian tribes; 
there were only a few scattered white settlements. As the 
years went on, however, the white population" steadily in- 
creased. Especially was this true after Eli Whitney's in- 
vention of the cotton-gin, for this invention caused the 
cultivation of cotton to become a very profitable industry 
in the South. 

Most of the territory now covered by both Alabama 
and Mississippi was claimed by the State of Georgia. 
Spain also laid claim to a wide strip along the Gulf 
of Mexico stretching from the Chattahoochee to the Mis- 
sissippi, and including nearly half of the present area of 
both States. In 1795, by the Treaty of Madrid, Spain re- 
leased her claim to all of this strip above the line of 31 °, 
north latitude. 

Georgia still claimed that this territory released by 
Spain belonged to her, but she consented to have the 
United States government rule over it. In 1798, there- 
fore, the national government created what was known as 
the Mississippi Territory. This territory extended from 
the Chattahoochee to the Mississippi, but it was cut off 

96 



WHAT THE CONSTITUTION IS 97 

from the Gulf by the Spanish possessions on the South, and 
it did not include the northern half of the present States 
of Alabama and Mississippi. After Georgia, in 1802, ceded 
to the United States her claims to all the territory west of 
her present boundary, this northern section was added to 
the Mississippi Territory (1804). A narrow strip of land 
which had been given over to the national government 
by South Carolina in 1797, was added at the same time. 
Thus the whole of the territory now embraced in the States 
of Alabama and Mississippi, was included in the Mississippi 
Territory, with the single exception of the region along 
the Gulf of Mexico between the Pearl and the Perido 
Rivers known as the /'Mobile District." 

In 1803 the United States Government purchased from 
France the immense territory of Louisiana. It will perhaps 
never be settled whether or not this "Mobile District 1 ' was 
included in the purchase of Louisiana. But in any case, 
during the war between England and the United States 
which began in 1812, the Spanish forces were expelled 
from the District, and it was made a part of the Mississipp' 
Territory. 

We have said that the national government "created*' 
the Mississippi Territory and gradually increased its area 
until it occupied all the territory now covered by th<*. 
States of Alabama and Mississippi. What do we mean by 
this? You must bear in mind that every since the forma- 
tion of our Union, the nation as a whole has held certain 
large tracts of land which were not a part of any State. 
The national government has usually divided these land* 
into what is known as territories. When the population 
of any territory is sufficiently large, the national Congress 
has generally permitted it to come into the Union as a 
State. As long as it remains a territory, however, Con- 



98 HOW WE ARE GOVERNED IN ALABAMA 

gress alone has the power to provide for its government. 
Such a territory was the Mississippi Territory. 

In 1817 the Mississippi Territory was divided into two 
parts, and the eastern division was organized as the Ala- 
bama Territory. During the same year the western divi- 
sion was admitted to the Union as the State of Mississippi. 

72. How Alabama was governed as a territory. Alabama 
remained a territory for only two years. During that time 
its population, not including Indians, more than doubled, 
for many settlers began to pour into the Territory from 
Virginia, the Carolinas, Georgia, and Tennessee. The 
governor of the Territory was appointed by the President 
of the United States, just as the governor of the Mississippi 
Territory had been appointed. Moreover, the laws of Con- 
gress, gave the governor the power to call a law-making 
body composed of delegates chosen by the people of the 
territory. Thus the people were permitted to have a large 
share in their own Government. You .must understand, 
however, that the w T hole Territory was at all times under 
the direct control of the national government. Congress 
had the power at any time to change its form of govern- 
ment, abolish, its law-making body, and repeal its laws. 
As we shall learn later in our study, Congress has no such 
power over a State of the Union. (See page 191.) This 
in reality constitutes the great difference between a terri- 
tory and a State. A State is largely independent of the 
powers of Congress. Congress has no power to say what 
laws shall be passed by the States and how they shall pro- 
vide for their own governments. Moreover, the people of 
a State have a share in the government of the nation, while 
the people of a territory do not. It was for these reasons 
that our forefathers in the Alabama Territory soon began 



WHAT THE CONSTITUTION IS 99 

to request of* Congress that Alabama might be admitted 
to the Union as a State. 

73. How Alabama became a State. In the spring of 1819 
Congress passed what is known as an "enabling act" for 
Alabama — that is, an act permitting the Territory of Ala- 
bama to take the proper steps 'to "enable" it to become a 
State. According to the provisions of this act, elections 
were held in the various counties of the Territory, and 
delegates were chosen to a convention which met at Hunts- 
ville in July, 1819. This convention was called to de- 
termine how Alabama should be governed when admitted 
to the Union as a State. A document was drawn up, provid- 
ing for a government similar to that existing in the other 
States. This written document designated what officers 
should be chosen and how they should be chosen, what 
powers these officers should have, and who should make 
and enforce the laws. This is what we mean by a Consti- 
tution. It is a written document framed by delegates repre- 
senting the people and providing in outline the organization 
of the State government. Every State of the Union has 
such a Constitution ; and from time to time, usually at long 
intervals, a new convention is called and a new Constitu- 
tion for vState is drawn up. 

The convention which framed Alabama's first Constitu- 
tion completed its work on the second of August, 1819. 
The Constitution was approved by Congress, and a resolu- 
tion was passed admitting Alabama to the Union as a 
State. On December 14, 1819, the President of the United 
States signed the resolution of Congress, and Alabama 
ceased to be a territory ; it became a State. 

74. The history of Alabama's Constitutions. The first 
Constitution of Alabama lasted with a few unimportant 
changes for a period of more than forty years. Meantime 



ioo HOW WE ARE GOVERNED IN ALABAMA 

the North and the South were growing farther and farther 
apart on the question of slavery. With the coming of this 
awful struggle between the States, the Constitution of Ala- 
bama passed through a series of rapid changes. You will 
remember that in year 1861 Alabama, along with the other 
States of the South, withdrew from the Union. A special 
convention of the people was called to meet at Mont- 
gomery in January of that year. Having passed the Ordi- 
nance of Secession, this convention proceeded to draw up a 
new Constitution for the State. This second Constitution 
lasted only through the period of the War between the 
States. 

It was by the authority of Andrew Johnson, President 
of the United States, and the temporary Governor of Ala- 
bama whom he had appointed, that our third convention 
•came together in September, 1866, and drew up still another 
Constitution. Then followed the terrible period of recon- 
struction. Congress was not content with President John- 
son's plan to have the defeated States so easily restored 
to the Union. Congress proceeded, therefore, to place 
Alabama under control of the military forces of the United 
States. In November, 1867, while Alabama was thus 
under military rule, a fourth constitutional convention 
came together. Unlike the three preceding conventions, 
it did not represent the people of Alabama. Its member- 
ship was composed largely of Northerners and of recently 
freed negroes. The Constitution adopted by this conven- 
tion was rejected by the people at the polls, but under it 
Alabama was by Congress readmitted to the Union in July, 
1868. 

By the terms of the Constitution of 1868, a vast 
majority of the white people of Alabama were denied any 
share in the government of their State. With the election 



WHAT THE CONSTITUTION IS tot 

of Governor George Smith Houston, however, in 1874, 
affairs took another turn. A fifth convention was called, 
and a year later the Constitution of 1875 was adopted by 
a vote of the people. It lasted for a period of twenty-six 
years. 

75. Our present Constitution. In the summer of 1901 
our sixth and last convention met and framed the Consti- 
tution under which we now live. The chief reform which 
the people felt that it was necessary to make was the plac 
ing of new conditions upon the right to vote. 

Our present Constitution is a long document, covering 
many printed pages. The convention which framed it sat 
for several months fully and carefully considering the great 
work before them. The Constitution provides in detail 
how the government shall be organized. It enumerates 
all the chief officers of the government and outlines their 
powers and duties. It determines who shall have the right 
to vote and hold the various offices. And it provides for 
local governments in the different communities of the State. 
It is the duty of the law-making body to pass such laws as 
may be necessary for carrying out the scheme of govern- 
ment provided for in the Constitution. 

76. The importance of the Constitution. When we were 
discussing how our liberties are protected in the com- 
munity (see chapter IV), we learned that we possess cer- 
tain rights which not even the government can deny to us. 
This is because the powers of the government are restricted 
by the Constitution. (See page 48.) The government can 
pass no law and do no act which violates the Constitution. 
It is the highest law of the State. It is because of this im- 
portance that the people of the State will not trust the 
ordinary law-making body to change the Constitution. 
Such changes may be proposed by a three-fifths vote of the 



102 HOW WE ARE GOVERNED IN ALABAMA 

law-making body, but before going into effect they must 
be submitted to a vote of the people. In case a new Con- 
stitution is needed the people may vote to have a special 
convention called for the purpose of drawing it up. 

In the chapters which follow we shall see how the 
machinery of the government is organized under our 
present Constitution, and how the government is enabled 
to assist the people of Alabama in so many ways. It will 
be unnecessary, therefore, for us to consider here in detail 
the splendid work of that convention which met in Mont- 
gomery in 1901 and determined upon our present form of 
government. 

QUESTIONS FOR CLASS DISCUSSION 

1. What is the difference between a territory and a State? Of 
what territory was Alabama originally a part? Explain how this 
territory was formed of different tracts of land. 

2. How and when was the Territory of Alabama formed? How 
was it governed? What power did Congress have over the Terri- 
tory? Why did the people desire to have the Teriitory admitted as 
a State? When and how was Alabama admitted as a State? 

3. Who determines our form of Government today? How is this 
done? What is meant by a Constitution? How many Constitu- 
tions have we had in Alabama? How were these Constitutions 
drawn up? 

4. Explain how the Constitution protects our liberties. Against 
whom are they protected? How may the Constitution be changed ? 
Why may our law-makers not change it? 

5. When was our present Constitution framed? .* By whom was 
it framed? Find out, if you can, the names of any of the members 
of the convention of 1901. Who represented your county? 






CHAPTER IX 

HOW THE GOVERNMENT IS ORGANIZED 

77. What is meant by the departments of government. 

From the very beginning of constitutional government 
in America the people have believed that the laws ought 
not to be made, explained, and put into operation by the 
same men or group of men. Whenever so much power is 
given over to one group of men, there is danger that they 
will oppress the people. It is an important principle of 
our government, therefore, that there shall be one group 
of men to make the lawsj another group to put them into 
operation, and a third group to explain or interpret what 
the laws mean. These three groups of officers form the 
three great departments of government. Those who make 
the laws are known as the Legislative Department. Those 
who see that the laws are carried out, or executed, com- 
pose the Executive Department. And those whose duty it 
is to determine what the law means when it is applied to a 
particular case are the Judicial Department. 

78. The State government. As you all know, some of 
the duties which the government undertakes to perform 
concern the people of the State as a whole. Take, for 
instance, laws that provide for the punishment of criminals. 
A crime is just as likely to be committed in one part of the 
State as in another. It is very clear, therefore, that all the 
people are concerned in such laws. This is only a single 
instance among a great many matters in which the people 
of the whole State have a common interest and concern. 

103 



104 HOW WE ARE GOVERNED IN ALABAMA 

You see that it would never do for any particular county 
or city to make laws for itself in regard to matters of so 
great importance. This must be done by the government 
which represents the people of the whole State. We call 
this the State government. It is this government which 
makes most of the laws that we must obey ; and as we have 
seen, it is supported by levying taxes upon the people of 
the whole State. (See page 92.) 

79. Local government. The county. You can easily 
think of certain things undertaken by the government of 
your county which do not concern the people of the whole 
State. Take, for example, the building of roads. This 
something in which the people of each particular county are 
especially interested. It is looked upon, therefore, as a 
matter which should be undertaken and controlled largely 
by the counties. Moreover, the counties undertake to put 
many of the State laws into operation. They assess prop- 
erty and collect taxes for the State, they arrest criminals 
who violate the laws of the State ; they put into execution 
the laws of the State providing for the public schools. 
Counties, therefore, are permitted to have governments of 
their own for the management of county affairs and to 
assist in carrying out the laws of the State. 

The city. Every city of Alabama is located in some 
county and is subject to the government of that county. 
But you probably know of many things undertaken by a 
city which concern neither the people of the whole State 
nor the people of the county. The paving and cleaning 
of streets, the management of the fire department, the con- 
struction of parks — these for example, are some of the 
things undertaken by every city which do not interest the 
people living in the country districts or even the people of 
any other city. The cities of Alabama have many duties 



HOW THE GOVERNMENT IS ORGANIZED 105 

to perform which are wholly of local interest. For this 
reason the city is permitted to have a local government of 
its own, in addition to the local government of the county 
in which it is located. 

The town. Still another form of government is pro- 
vided for towns. Their inhabitants live more closely 
together than do the residents of the country districts, 
but towns are not so large as cities and do not find it neces- 
sary to have such complicated governments. (See page 

i 4 6.) 

We see, therefore, that under the State government, 
which regulates the affairs of the whole State, there are 
three forms of local government — the county, the city and 
the town. To these local governments, the Constitu- 
tion and the State legislature give certain powers to regu- 
late local affairs ; and as we have seen, they are supported 
by taxes raised for local purposes. Not only the State 
government but the local governments also are to some 
extent divided into the three great departments — legisla- 
tive, executive, and judicial. Local laws are made, en- 
forced, and interpreted by three separate groups of officers. 

QUESTIONS FOR CLASS DISCUSSION 

1. Which of the three kinds of local government has your com- 
munity? If you live in a city or a town, are you subject to your 
county government? Mention some of the things undertaken in 
your community which seem to you to be of local rather than State 
interest. Why are local governments necessary? Why are there 
three forms? How are they supported? Mention any officers of 
your community that you know of. 

2. Why is the State government necessary? Who determines the 
powers and duties of the local governments? Does the progress of 
your community depend more largely upon the State or your local 
government? Mention any officers of the State government that 
you know of. 



106 HOW WE ARE GOVERNED IN ALABAMA 

3. Would the State government or your local government be most 
likely to make laws on the following subjects: (a) the paving of 
streets? (b) the building of a schoolhouse? (c) the regulating of a 
poorhouse? (d) riding bicycles on the sidewalks? (e) fire-escapes 
on buildings? (f) the placing of wires underground? (g) the speed 
of street cars? (h) the fencing in of farms and lots? (i) vaccina- 
tion? (j) the sale of liquors? (k) posting bills on trees or posts? 
(1) the repairing of roads? (m) the building of a court-house? 



CHAPTER X 

HOW THE LAWS ARE MADE 

80. The Legislature, or law-making body. In Alabama 
the branch of the government that makes the laws for the 
State is divided into two bodies, or houses, as they are 
called. Every measure proposed in either one of these 
houses must be agreed to by the other before it becomes a 
law. This prevents laws from being hastily made. One 
of these houses is known as the House of Representatives 
and the other as the Senate. Together they constitute the 
Legislature of Alabama. 

The Constitution prescribes that the House of Repre- 
sentatives shall never consist of more than one hundred 
and five members, and that the whole number of senators 
shall not exceed thirty-five. The House of Representa- 
tives is, therefore, much larger than the Senate. Each 
county is entitled to one or more representatives according 
to its population. Our national government at Washing- 
ton provides for the taking of a census throughout the 
United States every ten years. (See page 207.) After this 
census has been taken in Alabama, the Legislature must 
determine anew how many representatives each county 
shall have. At present more than half of the counties have 
only one representative ; a majority of the others have two ; 
while the more populous counties of Dallas and Mobile 
have three each, Montgomery four, and Jefferson seven. 
As nearly as possible each member of the House represents 
the same number of people. 

to 7 



108 HOW WE ARE GOVERNED IN ALABAMA 

For the purpose of electing senators, the State is divided 
into senatorial districts. Some of these districts consist of 
a single county ; others are formed by grouping two or 
three counties together. The apportionment is made, how- 
ever, so that senators, like representatives, represent about 
the same number of people each. Senators and represen- 
tatives are elected at the same time, in November, of every 
fourth year, and they serve for a term of four years. 

The Legislature meets on the second Tuesday of January 
following the November elections — that is to say, the Leg- 
islature comes together only once in four years. In the past 
it has sometimes happened that the Legislature would dally 
ever the making of laws for a long period of time without 
accomplishing very much. This was a great expense to 
the people of the State, since our law-makers are paid for 
their time and services. The Constitution now requires 
that the Legislature shall close its session after fifty days. 
Extra sessions, however, may be called by the Governor 
under extraordinary circumstances. 

81. How the Legislature is organized for business. The 
Constitution gives each house of the Legislature the power 
to choose its own officers, and to determine the rules by 
which its debates and other affairs must be conducted. 
The one exception to this is that the Lieutenant Governor 
of the State (see page 115) must preside over the Senate. 
The presiding officer of the House of Representatives 
is called the Speaker. His position is one of great impor- 
tance and influence, for it is he who chooses the com- 
mittees to report on laws that are proposed. In addition to 
the presiding officer there are a number of other officers 
and clerks in each house. 

Each member has his own desk, and these desks are 
arranged in rows facing the presiding officer's chair. Visi- 



HOW THE LAWS ARE MADE 109 

tors are usually prohibited from coming upon the "floor" 
of either house. Galleries are provided, however, to which 
the public is freely admitted. 

82. How a measure becomes a law. Nearly every mem- 
ber who is elected to the Legislature comes with the 
idea of getting certain measures enacted into laws. Some- 
times the people who elect him express their desire to have 
this or that law passed. Sometimes an individual citizen 
asks a member to present a proposition for a law. Fre- 
quently also the Governor and the other important officers, 
who are thoroughly in touch with the needs of the State, 
desire certain laws enacted. 

Formerly when the business of the government was less 
complicated than it is today, it was the usual custom for 
any member to propose a measure and have it discussed 
before the house. As time went on, however, and busi- 
ness increased, it became necessary to adopt some other 
method. It was found that the time of the Legislature was 
consumed in the discussion of many unimportant propo- 
sitions, while others of vital interest were delayed because 
of the general confusion and the lack of time. The system 
adopted to remedy this evil is known as the committee 
system. Let us see what the committee system means. 

Each member of either house still has the right to intro- 
duce any measure that he sees fit. The measure when in- 
troduced, instead of being taken up at once for debate, is 
referred to an appropriate committee. Provision is made 
for a number of standing committees in each house, and 
each committee has for its consideration measures that 
relate to one particular department of the government's 
work. In the committee room the proposed measure is 
calked over and worked over. Later the committee 



HO HOW WE ARE GOVERNED IN ALABAMA 

makes a report to the house, recommending either that 
the measure be passed or that it be voted down. 

When the committee reports a measure, it comes be- 
fore the house in the form of a bill. The house opens 
debate on the bill after it has been printed and read on three 
separate days. The bill may be changed by the house 
in any way, or.it may be rejected. The house is largely 
influenced, however, by the report of the committee which 
has made a special investigation of the subject. In case 
the bill is passed in one house, it must then be sent to the 
other house where it may be approved or voted down. 

This is the manner in which every measure proceeds 
through the Legislature. The committee system makes it 
possible to handle many propositions in the short term of 
fifty days. It also provides for a careful consideration of 
every proposal. 

83. What the Legislature may and may not do. The 
Legislature may pass any law which it is not forbid- 
den by the Constitution to pass, and which does not con- 
flict with the laws made by the national government at 
Washington. It is necessary for the Constitution to 
specify only those things which the Legislature may not do. 
Chief among the restrictions placed upon the Legislature 
are those which secure to the people certain privileges, 
such as the freedom of speech and religion, and the right 
not to have property taken from them by the government 
without just compensation. (See chapter IV.) 

The Legislature is also prohibited from passing what is 
know as "special acts" in regard to a long series of sub- 
jects. This is to prevent the time of the law-makers from 
being taken up in enacting laws for a particular locality, 
or a special individual, and also to secure to every person 
in the State equal righto before the law. 



HOW THE LAWS ARE MADE III 

Aside from these restrictions upon its powers, the Leg- 
islature may pass any act it pleases. It is not necessary 
for us to examine in detail what the nature of these laws 
is. It is sufficient to say that they regulate, among num- 
erous other things, business relations, property relations, 
and the marriage relations of the people of the State, and 
provide for the raising of taxes, the educational interests, 
and the affairs of railways and other corporations. 

84. Where the Legislature meets. Long ago you 
learned in your study of geography that Montgomery is the 
capital of the State of Alabama. This means that the 
Legislature and the principal offices of the State govern- 
ment are located at Montgomery. In a handsome park, 
beautifully laid out, and containing a splendid monument 
to the soldiers and sailors of the Confederacy, stands the 
capitol building in which the Legislature holds its ses- 
sions. (See frontispiece.) The main portion of this build- 
ing was completed in 1851. Within its walls have been 
heard most of the distinguished men who have figured 
in the history of Alabama. Here, too, delegates from the 
seceded States met in February, 1861 and organized the 
Confederate States of America. On the portico of 
this building Jefferson Davis took the oath of office 
as President of the Confederacy, and here the Confederate 
Congress sat until the removal of the capital to Richmond, 
Virginia. Because of its age and the many historical 
associations that cluster about it, this building has become 
very dear to the people of Alabama. With the growth 
of the business of the government, however, it became 
entirely too small for the needs of the government, and a 
few years ago it was found necessary to add a large wing 
to the structure. Another wing will doubtless be added 
later, but the original building will be preserved. 



112 HOW WE ARE GOVERNED IN ALABAMA 

85. Influences upon our law-makers. When a man has 
been chosen to the legislature as the representative of 
some community of the State, many -people suppose that it 
is a very simple matter for him to determine what measures 
will be for the best interests of the people, and for him 
always to vote honestly and intelligently. Perhaps it 
ought to be, but as a matter of fact a great many influences 
are brought to bear upon members of the legislature of 
which most of us know very little. In the first place, a 
member usually desires to be re-elected at the end of his 
term of office. Sometimes the voters who have elected 
him are controlled by a man known as the political boss 
of the community. The member realizes that he must, to 
some extent at least, act so as to please this boss if he is to 
hope for re-election. 

Then again, when a measure is proposed that is disad- 
vantageous to some large corporation, or to the people 
engaged in a certain kind of business (as for instance the 
liquor business), all sorts of efforts are made to induce the 
law-makers to ignore the interests of the people. Shrewd 
lawyers and other crafty men are sent to Montgomery to use 
their influence upon the members of the legislature, and 
to convince them, if possible, that the proposed measure is 
not for the interests of the people. This is called lobbying. 
Many bad laws are made, and many good measures fail to 
be enacted by reason of the influence which these wicked 
lobbyists frequently use. You must not think, however, 
that all lobbying is of this sort. Many good men also go 
before the committees of the legislature and lobby with its 
members to secure the passage of wise laws. 

Again, the law-makers are severely criticised by the 
newspapers, and sometimes this criticism is unjust. It .is 
a very difficult matter for a man in public life to please 



HOW THE LAWS ARE MADE 



113 



everybody and to do only what is right. Our law-makers 
have no easy task. If some of them do not serve the peo- 
ple as they should, we ought to remember that we are 
partly responsible for this. It is the duty of the people in 
every community to choose as their representatives in the 
law-making body of the State the most intelligent and the 
most honorable men that can be induced to serve. And it 
is the duty of a member thus chosen to follow his sound 
judgment on every question before him. 

QUESTIONS FOR CLASS DISCUSSION 

1. Into what two bodies is the Legislature of Alabama divided? 
Does your county constitute a senatorial district by itself? If not, 
find out what other counties are grouped with it to form a sena- 
torial district? How many senators does each district have? Find 
out how many representatives your county has in the House of 
Representatives? Do you know the name of any of the present 
representatives? 

2. Find out, if you can, the name of the present senator from 
your district? How many senators are there at present? Ho\j 
many representatives? 

3. Who presides over the Senate? Over the House of Representa- 
tives? Have you ever been to the capitol building at Montgomery? 
If so, describe the park. Describe the building. If you have seen the 
chambers in which the houses meet, describe them. Have you ever 
seen the houses in session? 

4. Suppose you desired to have a certain law passed, how would 
you go about it? Explain in full how such a measure would 
become a law after being introduced into one of the houses by some 
member. What is meant by the committee system? 

5. What is meant by a political boss? What is meant by lobbying? 
Explain how the bosses and lobbyists hinder and corrupt the law- 
makers. How can the people of any community prevent this? 

6. When does the next regular Legislature meet? How long will 
it probably sit? Why is the length of the sessions of the Legisla- 
ture limited by the Constitution? How may an extra session be 
called? Do you ever remember such a session? Why was it called"' 



CHAPTER XI 

HOW THE LAWS ARE PUT INTO OPERATION 

86. The chief executive officers. After the laws have 
been passed by the legislature, it is necessary that there 
should be officers to see that these laws are carried out. 
The enforcement of b'oth State and local laws is intrusted 
very largely to local officers chosen in the various commu- 
nities of the State. Take, for example, the assessment and 
collection, of the taxes imposed by the Legislature; 
these matters are attended to by county and city officers. 
It is the city police or county officers who arrest 
offenders who violate the laws of the State that protect life 
and property. In the actual enforcement of the laws, the 
individual in any community usually comes in contact with 
county and city officers rather than State officers. In 
addition to these, however, there are certain officers at 
Montgomery whose duty it is to see that the various acts 
of the Legislature are properly executed. 

Chief among the State officers is the Governor. We 
look upon him as the head of the executive department of 
the government — that is, the department which puts the 
laws into operation. (See page 103.) But the Governor is 
not the only executive officer of the State. Certain duties 
and powers are assigned to other officers. Among the 
most important of these are the Lieutenant-Governor, the 
Secretary of State, the Attorney General, the State Treas- 
urer, the State Auditor, the State Superintendent of 
Education, the Superintendent of Agriculture and Indus- 

114 



HOW THE LAWS ARE EXECUTED 



115 



tries, and numerous commissions and boards. Let us see 
how the various officers are chosen and what their duties 
and powers are. 

87. The Governor. During the period of our history 
when Alabama was a territory, the Governor was ap- 
pointed by the President of the United States; but ever 
since Alabama was admitted to the Union, our Governor 
has been elected by the people. At present he is chosen 
by the voters of the State at the same time in Novmber 
when the members of the Legislature are elected. The 
Governor serves for a term of four years, but no Governor 
can be elected to succeed himself in office. At the same 
time that he is elected, another officer call the Lieutenant 
Governor is chosen, who, in case the Governor dies or for 
any reason is unable to perform his duties, take the place 
of the Governor. 

Large powers are given to the Governor, and many 
important duties are laid upon him. He must be a man 
of great force and great ability. Not only this, but the 
Constitution requires that he shall have been a citizen of 
the L T nited States for at least ten years, that he shall be 
thirty years old, and that he shall have resided in Alabama 
for seven years preceding his election. 

88. Powers and duties of the Governor. The Gover- 
nor's powers and duties are outlined in the Constitution of 
the State. From time to time also the legislature lays 
duties upon him in connection with the work of carrying 
out the laws. The Constitution says that he "shall take 
care that the laws be faithfully executed." This does not 
mean that he is to superintend every policeman or other 
minor officer w r hose duty it is to execute the laws. It 
means simply that he shall stand ready to use the forces 
at his command in order that the laws shall be properly 



Il6 HOW WE ARE GOVERNED IN ALABAMA 

observed throughout the State. The Governor's powers 
and duties are various. Perhaps it may be well for us to 
classify them. 

1. The Governor's power over legislation. By reason of 
his position at the head of the government, the Governor 
is usually more or less in touch with the needs of the State, 
and with matters which ought to be brought to the atten- 
tion of the Legislature. He is required, therefore, to 
send a message to the Legislature when it assembles. In 
this message he recommends certain measures which he 
thinks ought to be made laws. He must present also an 
estimate of the amount of money needed for carrying on 
the government in order that the Legislature may be able 
to provide this money by laws for raising taxes. During 
the session of the Legislature he is usually in constant 
communication with the law-makers, giving them his 
advice upon measures and bills that come up for con- 
sideration. He is empowered also, in case he deems it 
necessary, to call at any time an extra session of the Leg- 
islature. 

Before any bill that has passed both houses of the Leg- 
islature can become a law, it must be signed by the Gov- 
ernor. If he does not approve the bill, he may refuse to 
sign it— or, as this is generally called, he may veto it and 
return it to the Legislature with his objections to the 
measure. In case the Governor vetoes a bill, it cannot 
become a law unless it again passes both houses of the 
Legislature by a majority vote of all the members elected 
to each house. If the Governor does not return the bill 
within six days after it is submitted to him, it becomes a 
law without his signature. You see, therefore, that the 
Governor possesses a great deal of power and influence 
over the making of our laws. 



HOW THE LAWS ARE EXECUTED 117 

g. The Governors power to supervise other officers. It is 
the duty of the Governor to keep himself informed as to 
how the other officers of the State are performing their 
duties. He may require any information of them, or he 
may at any time inspect their books. Most of the officers 
of the State are required to make regular reports to him. 

S. The Governor s power over the militia. In the various 
communities of the State, volunteer militia companies are 
formed; and citizens residing in these communities, 
usually the young men, become members of these com- 
panies. Together these companies constitute the militia 
of the State and are known as the Alabama National Guard. 
Ordinarily they have no active duties to perform. Some- 
times, however, when a riot breaks out, or a mob arises, 
or a strike becomes threatening, it is the duty of the Gov- 
ernor to call out the militia and send them in haste to the 
scene of the disorder. (See page 31.) By the Constitu- 
tion the Governor is made commander-in-chief of the mili- 
tary force of the State. 

.4. The Governor's pardoning power. Sometimes persons 
are convicted of crime against the laws of the State and are 
sentenced to punishment. For one reason or another it 
may be brought to the Governor's attention that a person 
so convicted ought not to be punished to the full extent of 
his sentence. The Governor has the power to pardon, to 
shorten the sentence, or to remit the fine of any one con- 
victed of violating the law. He does this only in ex- 
ceptional cases; he does not allow those who ought to be 
.punished to play upon his sympathies. But when once a 
case has been finally decided in the courts (see page 128), it 
is impossible for the courts to take it up again; and it is 
very necessary and proper that some one should have the 
power to pardon. 



Il8 HOW WE ARE GOVERNED IN ALABAMA 

89. The duties of the other executive officers. 1. The 

Secretary of State's duty is to assist the Governor in 
various ways and to keep a record of his acts. He attends 
also to the publication of the laws passed by the Legisla- 
ture, and keeps many of the records of the State. Certain 
other duties are laid upon him by law, but it is unneces- 
sary for us to inquire into them. 2. The Attorney General 
is the chief law-officer of the State. It is his duty to give 
his opinion to the Governor and other State officers on 
questions of the law; and in case the State of Alabama 
sues or is sued, he represents the State before the courts. 
3. The State Treasurer receives all the funds belonging to 
the State and has the power to pay out from the treasury 
such money as he may be properly authorized to pay. 
^. The State Auditor has charge of all claims made against 
the State. It is the Auditor, therefore, who in most cases 
issues the orders upon which the Treasurer makes pay- 
ments. He has many other important duties in connec- 
tion with the keeping of State accounts. 5 The Com- 
missioner of Agriculture and Industries gathers information 
in regard to the climate, soil, crops, and minerals of the 
State, and gives this information to farmers and others 
desiring it. 6. The Board of Railroad Commissioners, 
whose very important duties have been elsewhere described 
(see page 74), consists of three members. 

All of these officers are, like the Governor and Lieu- 
tenant Governor, elected by the people in November of 
every fourth year, and they serve for a period of four 
years following. They must have been citizens of the 
United States seven years, residents of Alabama for five 
years, and at least twenty-five years old at the time of 
their election. Like the Governor, too, none of these 
officers can be elected to succeed himself in office. 



HOW THE LAWS ARE EXECUTED 119 

In addition to these elected officers there are many other 
State officers and boards, most of whom are appointed by 
the Governor or by the Governor and the Senate. Among 
these may be mentioned: the Highway Commission (see 
page 73), the Oyster Commission, the Immigration Com- 
missioner, the Bank Examiner', the Prison Inspector, the 
Board of Mediation and Arbitration, several Inspectors of 
Coal Mines, seven Examiners of Public. Accounts, the State 
Geologist, and the Director of Archives and History. 

90. How the public school system is organized. The chief 
executive officer of the public school system in Alabama is 
the State Superintendent of Education. He is elected by 
the people at the same time and for the same term as the 
Governor. His duties are so numerous 'and varied that it 
would be impossible to describe them briefly. He exercises 
a general supervision over the entire public school system 
of the State and seeks in every way to encourage the im- 
provement of schools and to awaken interest in public 
education. He exerts his influence with the legislature to 
secure appropriations for the schools and to have wise 
laws enacted for the best interest of the public school system 
of the State. 

The State Board of Examiners consists of the Superin- 
tendent of Education and two experienced teachers ap- 
pointed by him. It is the duty of this board to prepare 
examinations for those who desire to teach in the public 
schools of Alabama, to examine the papers of all appli- 
cants, and to issue licenses to those who pass successful 
examinations. Except in Mobile county, every teacher in 
the public schools of Alabama must hold a license issued 
by this board. 

The State Superintendent and the State Board of Ex- 
aminers are the principal State executive officers of the 



120 HOW WE ARE GOVERNED IN ALABAMA 

public school system. In addition to these, there are in 
each community of the State local officers whose duty it 
is to supervise and provide for the schools. Let us see 
how the local school authorities are organized. 

Provision is made by which each county of the State 
is divided into a number of school districts. Once every 
four years the voters of each district meet in the district 
schoolhouse and elect a hoard of district trustees consist- 
ing of three members. One of these members is elected 
chairman of this district board. Soon after their election 
the chairmen of all the district boards of the county as- 
semble at the county court-house and elect four county 
trustees. A county superintendent of education is elected 
by the people of each county. The county superintendent 
and the four county trustees constitute the county hoard of 
education. This county board has almost entire control 
over the public schools of the county. 

The teachers for each district school are chosen by the 
board of district trustees with the approval of the county 
board of education. 

In cities and towns special provision is made for the 
management of the public schools. The city hoard of 
education consists of five members elected by the city 
council. (See page 146.) The city superintendent of 
schools is chosen by this board, which also appoints teach- 
ers and provides in general for the management of the 
public schools in the city. In towns of less than one 
thousand inhabitants the board of education is elected by 
the people. 

You see, therefore, that Alabama has provided a very 
elaborate system of officers for the regulation of matters 
relating to the public schools. Under our system, how- 



HOW THE LAWS ARE EXECUTED 12 1 

ever, the real responsibility for the management of vour 
school falls largely upon officers chosen in your own com- 
munity. 

QUESTIONS FOR CLASS DISCUSSION 

1. If the State Legislature lays a tax upon certain property 
throughout the State, what officers in your community would put this 
law into execution? If a man commits a crime in your community, 
is he arrested by a local or a State officer? Has he violated a local 
or a State law? 

2. Who is the present Governor of Alabama? How and when was 
he chosen? How much longer has he to serve? Do you know any- 
thing about his life? What qualifications as to age, citizenship, and 
residence must he possess? 

3. What is meant by the Governor's message? Why does the law 
require him to send a message? What is meant by his veto? How 
joiay it be overcome? 

4. What control does the Governor have over the other executive 
officers? What is his position in the militia? What is meant by 
his pardoning power? If he should die in office, who would suc- 
ceed him? What duty has the Lieutenant-Governor? (Seepage 108.) 

5. Mention some of the other executive officers at Montgomery. 
Tell how each of them is chosen and what you know of their re- 
spective duties. 

6. Describe how the public school system of the State is organ- 
ized. Who is the present Superintendent of Education? When and 
how, was he chosen? 

7. Who is the superintendent of education in your county or city? 
How is he chosen? What are his duties? How many members 
has your county or city board of education? How are they chosen? 
Do you know any of the present members? Who appoints teachers 
in your community? What qualifications must they have? 



CHAPTER XII 

HOW THE LAWS ARE EXPLAINED AND' 
APPLIED 

91. The necessity for courts of law. We have already 

seen how the laws in Alabama are framed and passed by 
the Legislature. We have seen, too, that there is a 
group of officers, with the Governor at their head, whose 
duty it is to put these laws into execution. These legis- 
lative and executive departments of the government, how- 
ever, are not sufficient completely to carry out the plan of 
the government. 

You can easily understand how people will sometimes 
differ in opinion as to what the law really means, and how 
laws may sometimes conflict with one another. Moreover, 
it is often very difficult to find out the truth about a matter 
to which the law is supposed to apply. For instance, a 
dispute may arise as to which of two parties owns a piece 
of property ; each party may claim that he has the right to 
it under the law. Similar disputes might arise over a debt, 
or over an agreement or contract between two parties. 
These disputes may be very complicated, involving many 
points to be considered. 

Suppose a man is accused of some offense against the 
laws of the State, as for instance, robbery or. murder. 
Whatever punishment is to be inflicted upon him will de- 
pend on two things. First, it will depend on the facts of 
the case, involving the question of whether he really com- 
mitted the crime, and if so, whether it was partially or 

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124 



HOW WE ARE GOVERNED IN ALABAMA 



wholly justifiable. Second, it will depend on what par* 
ticular law in regard to punishment will apply to the cir- 
cumstances under which the crime was committed. 

Now it must be very clear to you that every time an 
attempt is made to apply the law to a particular case, many 
questions must arise in regard to the facts of the case and 
the meaning of- the law which is applied to these facts. 
There must, therefore, be a judicial department of the gov- 
ernment, whose duty it is to explain the laws and apply 
them in particular instances. This part of the govern- 
ment's work is accomplished by means of the courts. 

92. How the courts protect us. It is the courts that con- 
stitute our strongest protection against injustice. If any 
individual of the community feels, that an injury has been 
done him by another member of the community contrary 
to the law, he applies to the courts to determine the matter . 
If he feels that the officers of the government are over- 
stepping their authority and are trampling upon his rights 
and liberties, he goes to the courts with his grievance. If 
a bad member of the community commits a crime, it is th<e 
courts that examine into the facts and circumstances of th<» 
case and determine what his punishment shall be in accord- 
ance with the law. Few people pass through life without 
on some occasion finding it necessary to seek the assistance 
or the protection of the courts. 

93. The system of courts in Alabama. As we have just 
seen, the courts of law are the real protectors of our rights 
and liberties. Because of this, it is a fundamental principle 
of justice among the English-speaking people that there 
must be in every community at least one court for the set- 
tlement of these perplexing questions of fact and law. 
That is to say, every man must have this protection within 
his reach. 



HOW THE LAWS ARE APPLIED 125 

The system of courts in Alabama by which this is accom- 
plished is somewhat complicated. There are a number of 
different kinds of courts, each with certain limits to the 
powers that it may exercise. It is unnecessary for us to 
examine in detail the powers, or jurisdiction, as it is 
usually called, of these various courts. It will be sufficient 
for us to get a general idea of the judicial system of the 
State. There are in the main six classes of courts : 

1. The Justice's Courts. In every county in the State of 
Alabama there are a number of justices of the peace (see 
page 137), whose duty it is to hold courts for the trial of 
petty offenses against the laws of the State and the county. 
These justice's courts constitute the most numerous 
branch of courts in the State. It m.st be remembered, 
however, that they have authority to try only such petty 
offenses as are punishable by small fines or short terms of 
imprisonment in jail. They can also determine disputes 
in regard to property and debts where only small amounts 
are involved. In most instances, even after a case has 
been decided in these lowest courts of the State, the law 
provides that it may be carried to the . next higher court, 
and there be reviewed. 

2. The County and Probate courts. Next above the jus- 
tice's courts are the county courts. Each county has a 
county court, with power to try persons accused of 
offenses which are not so serious that the punishment may 
be imprisonment in the State penitentiary. The county 
court is usually presided over by an officer known as the 
judge of probate, who also holds the probate court in the 
county. The probate court is what is known as the "court 
of record" in the county — that is, it is the court in which 
all transfers of property, - all mortgages on property, all 
wills, marriages, and like matters are recorded. 



126 HOW WE ARE GOVERNED IN ALABAMA 

S The City Courts. In certain cities there are a number 
of officers known as recorders with the power to hold 
courts. These recorders have judicial powers within the 
city similar to that exercised by the county courts. They 
also have the powers of justices of the peace, except that 
they cannot try cases arising over small debts, property, 
and the like. City courts try chiefly persons accused of 
violating the laws of the city. 

If. The Circuit Courts. Next above the county and city 
courts are a number of courts known as circuit courts. 
For this purpose the State is divided into fifteen judicial 
circuits. Each circuit consists of a number of counties, 
usually not less than three. The court of any circuit is 
held at least twice a year in every county of the circuit ; 
and from the fact that it moves from place to place it takes 
its name, the "circuit" court. It is this court which has the 
authority to hear by far the larger number of cases that 
arise. In cases arising out of disputes over property, 
debts, and the like, the law provides that they must involve 
a certain amount of money in order for them to be brought 
before a circuit court. This court also has the power 
to try persons accused of crimes, whether petty or serious. 
Usually, however, small cases and trials for petty offenses 
are left to the justice's courts and to the county and city 
courts. After trial in these lower courts such cases may 
as a rule be brought to the circuit court for review. 

5. The Chancery Courts. A court known as the chan- 
cery court is held twice a year in each county of the State, 
For this purpose the State is divided into five chancery 
divisions, a number of counties being grouped together in 
each division. Each chancery court is presided over by 
an officer call a chancellor. It is impossible to explain 
to you clearly the kind of cases which may come before 



HOW THE LAWS ARE APPLIED 12 "J 

these courts. To understand this would require some 
knowledge of the study of law. 

6. The Supreme Court of Alabama. At the top of our 
complicated system of courts stands the Supreme Court of 
Alabama. This court has the power to hear cases that have 
been already tried in the circuit and chancery courts. These 
cases are brought up, or "appealed" as it is called, by the 
party who is dissatisfied with the decision of the lower 
courts. In 191 1 a court known as the Court of Appeals 
was created to relieve the Supreme Court of the burden of 
hearing many of the less important cases that formerly came 
before that court. 

94. The judicial officers of the State. As we have just 
learned, the justice's courts are held by justices of the 
peace, the city courts by officers called recorders, and the 
chancery courts by chancellors. The presiding officers of all 
other courts are called judges. 

With the exception of the recorders, who are chosen by 
city authorities, every judicial officer in Alabama is elected 
by the people whomi he serves. As we shall see a little 
later (see page 151), each county of the State is divided 
into precincts, or "beats" as they are commonly called, for 
the purpose of holding elections ; and in each precinct two 
justices of the peace are elected by the people for a term 
of four years. The probate judge is elected by the 
voters of his county for a term of six years. The circuit 
judge is elected by the voters of his circuit for a term 
of six years. The chancellor is elected by the voters of 
his division for a term of six years. The seven judges 
of the Supreme Court and three judges of the Court of 
Appeals are elected for terms of six years by the voters 
of the entire State. Except for probate judges and jus- 
tices of the peace, it is provided that all judges shall be 



128 HOW WE ARE GOVERNED IN ALABAMA 

trained in the law. It is provided also that their salaries* 
shall not be diminished during their term of office. This 
is in order to prevent the Legislature from gaining any 
control over the honesty and impartiality of the judges of 
the State, by refusing to continue their salaries. 

,95. How the law proceeds. You may perhaps wondei 
how one individual proceeds when he feels that it is neces- 
sary for him to call on the courts for assistance in main- 
taining his rights against some other individual. If he 
ascertains that the law is probably in favor of his claim, he 
usually places the matter in the hands of a lawyer, who 
brings it before the proper court at the proper time, and 
in accordance with the regulations prescribed for such pro- 
ceedings. The other party concerned generally employs a 
lawyer to represent him; and the matter is fought out be- 
tween these lawyers in the presence of the court. The 
facts are all heard, the law is interpreted and applied, and 
a decision is rendered. Such a case as this is called a 
civil suit. You must understand that in such a suit no 
person is on trial. 

In case an individual is arrested and accused of some 
crime, he usually employs, or else the government gives 
him, a lawyer to represent his cause before the court. 
Opposed to this lawyer is an officer who is himself a law- 
yer representing the community. In cases coming before 
the circuit court, this officer is called the circuit solicitor. 
He is elected by the people in each judicial circuit, 
and he appoints to assist him a deputy solicitor in each 
county of his circuit. It is the duty of the solicitor to 
bring out before the court all the facts that will help to 
show the guilt of the prisoner. You see, therefore, 
that we again have two lawyers struggling with 

1 Probate judges and justices of the peace are paid by fees for 
the services which they perform. 



HOW THE LAWS ARE APPLIED 129 

each other in the presence of the court on opposite sides 
of the question to be decided. Such a case as this, in 
which a person is being tried for a crime of which he is 
accused, is called a criminal case. In any criminal case 
the government itself, represented by the circuit or county 
solicitor, is one of the parties concerned. A man who has 
committed a crime has really committed an injury against 
the whole people of the community, and the government 
must punish him if his guilt can be proved. 

96. Trial by jury. You remember that in the beginning 
of our study we discussed the various operations of the 
government which aim to protect the individual in his life 
and liberty. (See pages 25, 48.) And we mentioned the fact 
that when any member of a community is accused of crime, 
the government must grant him certain rights in regard to 
his trial. Among these we spoke of his right to a trial by 
jury. What does this mean? It means simply that the 
individual who is called upon to defend his rights or him- 
self in court has in all important cases the right to have a 
decision on the facts of his case rendered by a group of men 
chosen from among his fellow-citizens. This group usually 
consists of twelve men and is known as a jury. Trial 
by jury arose out of the notion that a man's fellow-citizens 
would be more apt to give him justice than would an officer 
of the government. Hence, while it is the judge of the 
court who explains and interprets the law for the jury, it is 
the jury that decides upon the facts of the case and renders 
the verdict. 

The right of trial by jury is one of our most sacred 
rights. We should cherish it and uphold it in every way 
possible. It is true that jury service is sometimes incon- 
venient; it may seriously interfere with a man's business. 
For this reason, many men seek to evade the law which re- 



I30 HOW WE ARE GOVERNED IN ALABAMA 

quires them to serve on juries when they are called upon. 
These very men may some day find themselves at the mercy 
of a jury; they would then be eager for competent and in- 
telligent jurors. We should look upon jury service as a 
duty that we owe to our community and to our fellowmen. 
We should not let it be said that in our community juries 
are frequently, composed of men of no employment and of 
little ability. 

97. The grand jury. In many important cases the law 
provides that before a person can be tried for an offense 
which he is supposed to have committed, he shall be 
indicted by a grand jury., This means that a group of 
men consisting of not less than fifteen nor more than 
eighteen must investigate the evidence of his guilt. If 
this grand jury finds the evidence sufficient, the accused 
person is formally charged with the crime, or indicted, as 
it is called, and is held for trial. If the evidence is found 
to be insufficient, he is dismissed. 

QUESTIONS FOR CLASS DISCUSSION 

1. Suppose a dispute arises between two persons over a debt, how 
is it usually settled? Suppose a man is arrested for stealing, who 
determines his punishment? Why are the courts necessary? How 
do they protect us from injustice? 

2. Have you ever been in a court room? If so, describe it. Do 
you know the names of any justice of the peace in your neighbor- 
hood? Where is his court held? If a man is arrested for fighting 
in your community, before what court would he be taken? 

3. If you live in a city, try to find out how many courts there are 
in your city. What is a recorder? Find out where the circuit 
court sits in your county. The probate court. The county court. 
Who presides over each of these courts? -Are there any other 
courts in your county? 

4. Describe the system of courts in Alabama. How are the 
judges of each court chosen? For what term?. Why may not the 
legislature diminish their salaries? 



HOW THE LAWS ARE APPLIED 131 

5. What is the highest court in Alabama? How many judges sit 
in it? How are they chosen, and for what term? Find out the 
names of the present judges of the Supreme Court. 

6. Explain how in every case, whether civil or criminal, there are 
lawyers on each side of the question. What is the duty of the 
solicitor? Find out, if you can, who is the circuit solicitor in your 
judicial circuit. The county solicitor. , 

7. Explain what is meant by the jury trial. Why is it a duty to 
serve on juries? How are we protected by the right of trial by 
jury? 

8. What is meant by an indictment? Who brings the indictment? 
Did you ever hear of an indictment being brought against some 
individual? Of what offense was he accused? Find out, if you can. 
now often a grand jury sits in your county. 



CHAPTER XIII 

HOW THE COUNTIES ARE GOVERNED 

98. What the county is. Many of us cannot remember 
the first time that we ever heard of counties. In our 
geographies we learned that Alabama is divided into 
sixty-seven counties, each with its own name; and every 
one of us lives in some one of these counties. What do 
we mean when we speak of a county? As we have seen 
(see page 104), certain matters of interest to the people can 
best be attended to by the different local communities. 
And although counties did not originate for local pur- 
poses, this is the reason why they exist today. 

County government dates back to a very early period 
in the history of England—in fact to a period when there 
was no king at all over the whole of England. When 
the settlers came over to America and established the 
colonies of Virginia, the Carolinas, and Georgia, they 
simply transplanted to these colonies the county form of 
local government to which they had been accustomed in 
England. When the Mississippi Territory was formed (see 
page 96), county government was extended to the soil of 
Alabama, for those who settled this region came largely 
from the older Southern States. With some changes in 
its form, the county still exists among us for the purposes 
of local government. Before we take' up the study of our 
present county government, let us see why it was that the 
settlers adopted this kind of government. 

132 



HOW THE COUNTIES ARE GOVERNED 133 

99. How the geography of Alabama affected our govern- 
ment. You will doubtless recall that most of the settlers 
who came to Alabama in the early days of its history were 
attracted by the profits they hoped to make out of the 
cultivation of cotton. Many, of them obtained large grants 
of land from the government. When they reached the 
territory, they found that it contained a number of fertile 
river valleys. The result was that these landowners, or 
planters, as they were called, usually established their plan- 
tations upon large tracts of land bordering on some stream. 
There they cultivated cotton on a large scale. You see, 
therefore, that from the very beginning Alabama, like the 
rest of the South, was split up into large plantations. In 
consequence, the people lived far apart from one another. 
Now this fact had an important influence upon the kind 
of government that developed in the South. You will 
perhaps understand this better if we turn for a moment to 
see what kind of government developed among the New 
England settlers. 

The people who settled New England came over to this 
country largely that they might enjoy religious freedom. 
They came, therefore, in congregations or groups rather 
t han as individual adventurers. The climate and the geo- 
graphy of New England, unlike Alabama, did not permit 
them to separate and settle on large estates. They built 
their homes close around the church and schoolhouse. 
Under such circumstances it was natural for them to adopt 
a popular or democratic form of government. All the in- 
habitants of each community met together and decided 
what their laws should be, and who should be their officers. 
This form of local government still prevails in New Eng- 
land, and in a somewhat different form it has been adopted 



134 



HOW WE ARE GOVERNED IN ALABAMA 



in the West. It is known as township government, and the 
assembly of the people is called the town meeting. 

Now it must be very evident to you that, with the peo- 
ple scattered widely apart as they were in Alabama, it would 
have been impossible for such a form of government to 
have arisen. How could the people of a large county 
come together for the purpose of making laws? Instead 
of the township government, the county form of govern- 
ment was adopted in Alabama, as it was adopted through- 
out the South. A county covered a large area, including 
many plantations ; and the people, instead of voting 
directly, chose representatives to determine all matters of 
local interest and concern. Let us see how the county is 
organized today for the purposes of local government. 

100. What powers the county may exercise. It is im- 
portant for you to bear in mind that the county may do 
only those things which the Constitution and the Legisr 
lature of the State permit. Ordinarily the county attends 
to such matters as the building of roads and bridges, the 
assessment and collection of taxes, the care of the poor, the 
preservation of the peace, by arresting those who violate 
the laws, the quaranting of contagious diseases, the man- 
agement of the pubic schools, and the building of the 
court-house and other county buildings. These are not 
all of the duties which fall to the county governments, 
but they are among the most important. Nor are all these 
things attended to wholly by the counties. For instance, 
the State government both assists and controls the counties 
materially in educational matters. 

101. The court of county commissioners. Each county 
is divided into four districts known as commissioner districts. 
Once every four years, in November, the voting people in 
the district elect a commissioner for the district. The 



HOW THE COUNTIES ARE GOVERNED 



135 



commissioners of the four districts, together with the 
county judge of probate, constitute what is known as the 
court of county commissioners. The law gives to this court 
the power to make such rules and regulations as may be 
necessary for the county. It provides for the building and 
repairing of the roads and bridges, levies taxes for county 




Lee County Court-House, Opelika, Alabama 

purposes, borrows money, and builds the court-house, the 
jail, and the poorhouse. Indeed this court has general 
control and direction of the affairs of the county. In a 
few counties the court of county commissioners is known 
as the board of revenue. 

102. The county officers. In addition to the court of 
county commissioners, which may be called the legislative 



136 HOW WE ARE GOVERNED IN ALABAMA 

body of the county, there are a number of other officers 
elected by the people for a term of four years, and two, 
the probate judge and the clerk of the circuit court, for 
a term of six years. Let us see what officers are provided 
for the county. 

1 The probate judge, as we have seen, is the officer who 
presides over the probate and county courts. He is also 
chairman of the court of county commissioners. The 
probate judge is one of the most important officers of the 
county. 2. The treasurer of the county, as his name im- 
plies, is the officer who receives all money due the county, 
and who pays out scch amounts of it as he may be 
empowered by law to pay. All taxes that are collected 
for the county are turned over to him. 3. The sheriff of 
the county is the officer who has charge of the county 
court-house and jail, and whose duty it is to assist in pre- 
serving the peace by arresting criminals. - He attends the 
courts which meet in his county and carries out their 
orders. He is the most important executive officer of 
the county, having many other duties laid upon him by 
the law. Although the sheriff is elected by the people of 
the county, he is in reality an officer of the State govern- 
ment. His duty is to execute the laws of the State within 
the county. If. The deputy solicitor is the law officer of 
the county, whose duty it is to prosecute criminals. (See 
page 128.) He also assists the court of county commis- 
sioners and the other county officers in the performance 
of their duties by giving them his opinion on questions 
of the law. The deputy solicitor is not elected by the 
people, but is appointed by the circuit solicitor, whom he 
assists in the county. 5. The cleric of the circuit court 
is the officer whose duty it is to keep the records of the 
circuit court for the county. 6. The justices of the peace. 



HOW THE COUNTIES ARE GOVERNED 137 

as we have already learned (see page 125), are the officers 
who hold the lowest courts in the State. As their name in- 
dicates, it is their duty to assist in the preservation of the 
peace. Two justices are elected in each voting precinct, 
or "beat." 7. The constable's chief duty is to arrest persons 
accused of violating the laws and otherwise to assist in 
preserving order. He carries out the orders of the justice's 
court. One constable is elected in each voting precinct. 

8. The tax assessor of the county is the officer whose 
duty it is to make out the lists of property for taxation. 

9. The tax collector of the county is the officer who col- 
lects both State and local taxes within the county. He 
reports to State Auditor the amount of taxes due the 
State, and forwards the money to State Treasurer. There 
are also in every county tw T o surveyors, a superintendent of 
education (see page 120), one coroner, and other minor offi- 
cers, whose duties are prescribed by law. These assist 
in various ways in carrying out the scheme of county 
government. 

103. The importance of county history. There is scarcely 
a county in Alabama that has not produced its great men. 
Some of these are only of local reputation, but in many 
cases they have played important roles in the history of 
Alabama and the nation. Moreover, some counties have 
been the scenes of famous battles and other important inci- 
dents of our history. It ought to be our pride to know of 
these things. We should be eager to learn something of 
the history of our county and the. share it has had in the 
history of the State. We should cherish the names of our 
great men and perpetuate their memory. Would it not be 
well if the public schools in every community were named 
after the great men of the locality ? 



138 HOW WE ARE GOVERNED IN ALABAMA 

QUESTIONS FOR CLASS DISCUSSION 

To the Teacher. The teacher of rural schools should, if possible, 
elaborate the outline of county government contained in this chapter, 
seeking especially to localize the pupil's interest in the government 
of his own county. The following meager questions will naturally 
arouse more interest and discussion among county pupils than 
among city pupils. The exact opposite may be said of the following 
chapter. 

1. In what county do you live? Describe its situation in the 
State. Try to find out something about its history : when was it 
settled, when did it become a county, how did it receive its name? 

2. Explain how geographical conditions in the South gave rise to 
the county form of local government. What is meant by town- 
ship government? Where did it flourish and why? Why did it 
not develop in Alabama and the rest of the South? 

3. What are some of. the powers which your county government 
exercises? How is the court of county commissioners formed? 
What are its powers? Find out who your district commissioner is? 
When was he elected? How long has he yet to serve? 

4. Find out, if you can, who is the present treasurer of your 
county? The probate judge; the sheriff; the circuit and the county 
solicitor; the clerk of the circuit court. How many justices of the 
peace are there in your precinct? Constables? How are these 
various officers chosen? What is their term of office? Which 
serve for six years? 

5. What great men has your county produced? Which of them 
were local, which of State, which of national reputation? What do 
you know of their lives? Are their names commemorated in any 
way in your county? Can you think of some simple ways by 
which they might be commemorated? 

6. What important incidents of history have taken place in your 
community? Are these incidents commemorated? How? 



CHAPTER XIV 

HOW THE CITIES ARE GOVERNED 

104. The growth of cities in Alabama. Sometimes you 
have perhaps wondered why no very large city has de- 
veloped in Alabama. In other parts of the United States 
cities have in some cases grown to enormous proportions 
in a comparatively short time. In 1830, Chicago was 
almost a wilderness, while Mobile had a population of 
3,194. Today, the population of Chicago is approaching 
two millions, while that of Mobile is only in the neigh- 
borhood of fifty thousand. How can we account for this 
slow development of cities in Alabama and the rest of the 
South? 

We have already noted the fact that Alabama was settled 
in large plantations and that society was divided into three 
classes with the slaves at the bottom. (See page 56.) 
Under the direction of the white population these slaves 
made good farm laborers. They were not trained, however, 
for labor of a higher character ; and while slavery existed, 
no large number of them could have been taught to run the 
complicated machinery used in manufacturing. As you 
know, people in cities do not expect to earn their living by 
farming. They support themselves by manufacturing and 
trading. It was impossible for the people of Alabama to 
establish large cities because the slaves could not profitably 
be employed in manufacturing industries. You see, there- 
fore, how it was that slavery prevented the development of 
manufactures in the South and the consequent growth of 

139 



140 MOW WE ARE GOVERNED IN ALABAMA 

cities. Since the emancipation of the slaves, cities in Ala- 
bama, as well as in the rest of the South, have begun to 
grow more rapidly than formerly. But the whole South 
has been retarded in this development by reason of the ter- 
rible destruction that resulted from the War between the 
States. Moreover, it takes time to change a considerable 
portion of the population from agricultural to manufactur- 
ing pursuits. 

In recent years cities have been developing very rapidly 
in Alabama. The population of Mobile increased 34 per 
cent, between 1900 and 1910, and that of Montgomery 25 
per cent. Birmingham in 1880 had a population of 3,086, 
in 1900 it had increased to 38,415. By 1910 the population 
of this progressive city had risen to 132,685 — an increase 
of 245 per cent, in ten years. 

105. City problems. In the earlier part of our study we 
noticed that city governments undertake many things for 
the people of city communities that are unnecessary in rural 
communities. It is hardly needful to explain why this 
should be the case. Where so many people live close to 
one another, they are forced to use the same streets, the 
same trolley cars, the same facilities for lighting their houses 
and getting water, as well as many other things in common. 
The government must provide for the maintenance of these 
things for the common welfare of all. 

As a result of these conditions, it has been found neces- 
sary to provide for the cities a different form of govern- 
ment from that which is given to the counties. City gov- 
ernments must be so organized that the cities can provide 
in many ways for the health, the welfare, and the happiness 
of their inhabitants. Streets must be laid out, paved, and 
kept clean. Parks must be provided, in order that the city 
may be beautified, and that its inhabitants may have con- 



142 HOW WE ARE GOVERNED IN ALABAMA 

venient places for recreation. The police force must be 
maintained for the protection of life and property and for 
the enforcement of the laws. The streets must be lighted, 
water must be provided, fire departments maintained, a 
system of sewerage installed; schoolhouses, city halls, and 
jails must be built. These and many other things the city 
must undertake. Let us see in a general way how the 
cities of Alabama are governed. - 

106. What is meant by the city charter. Before the 
adoption of our present Constitution, the Legislature was 
accustomed to grant to every city of the State a special 
charter. A city charter is a State law providing in detail 
how the city government shall be organized, how the city 
laws shall be made, the names and duties of its officers, and 
the powers which the city may exercise. The State Legis- 
lature, of course, had the power to change or amend the 
charter of any city whenever it chose to do so; and such 
changes were frequently made without consideration of the 
best interests of the city. To put an end to this evil, the 
Constitution of 1901 prohibited the Legislature from enact- 
ing any more laws for particular cities and required that, " 
from that time on, general laws should be enacted for 
cities. 

In the summer of 1907 the Legislature of Alabama passed 
an act providing for the government of all the cities and 
towns of the State. This act, which was known as the 
Municipal Code, caused a number of changes to be made 
in all of the existing city governments. In fact, under this 
code, all the cities of the State were given somewhat similar 
governments. 

In 191 1 the Legislature enacted several new laws which 
changed the form of government in all of the more impor- 



HOW THE CITIES ARE GOVERNED 143 

tant cities of the State. Although forbidden to enact a law 
for any special city, the Legislature nevertheless succeeded 
in getting around this provision of the Constitution. Instead 
of using the name of the city of Birmingham in the new- 
charter that was enacted for that city, the Legislature en- 
acted a charter for "all cities having a population of 100,000 
or more.'' Birmingham was the only existing city of the 
State to which this law could apply. Hence the charter was 
actually a special charter for that city. In a somiewhat 
similar manner special charters were enacted for Mobile 
and Montgomery. Thus by using population instead of the 
name of a particular city the Legislature was able to enact 
special charters for the three largest cities of the State. 

In general it may be said that there are now two main 
types of city government in Alabama : first, the mayor and 
council type, and secondly, the commission type of govern- 
ment. Let us see what are the characteristics of these two 
types of government. 

107. Cities under the mayor and council form of govern- 
ment. At the present time this form of government is 
found only in the smaller cities of Alabama, and not in all 
of these. It is a form of government patterned somewhat 
after the State government. The mayor, for example, who 
is elected by the voters of the city for a term of two years, 
corresponds to the Governor of the State. The city council, 
which makes the local laws of the city (called ordinances), 
corresponds to the State Legislature, although it consists of 
only one house instead of two. The members of the council, 
called aldermen, are elected by the voters of the several 
zvards into which the city is divided. The mayor is the 
chief executive officer of the city. The other executive 
officers — such as the city clerk, treasurer y attorney, chiefs of 



I 4 4 H0W WE ARE GOVERNED IN ALABAMA 

the police and fire departments, health officer, and board of 
education — are chosen by the council. The mayor usually 
presides in the council, and he also usually holds the city 
court, known as the mayor s court. 

This form of government by a mayor and council has 
prevailed for many years not only in the cities of Alabama 
but also in most of the cities throughout the United States. 
It has not proved very satisfactory, largely because it is so 
complicated. Under it the powers of the city are placed in 
the hands of so many different officers that nobody seems 
directly responsible for the proper management of the af- 
fairs of the city. As a result of this fact the mayor and 
council form of government has in recent years been aban- 
doned in many cities throughout the country, and in its place 
the commission form of government has been established. 

108. Cities under the commission form of government. 
This form of government was established in the three prin- 
cipal cities of the State — Birmingham, Mobile, and Mont- 
gomery—by the laws of 191 1 mentioned above. In the same 
year the Legislature enacted a law permitting any other city 
to adopt this form of government by a vote of the people. 
Under this law a number of the smaller cities of the State — 
among them,, Huntsville, Sheffield, Talladega, Tuscaloosa, 
Cordova, Hartselle — have voted in favor of this form of 
government. 

The commission form of city government is simply that 
form in which the entire power of the city is vested in a 
small board, or "commission" as it is called, the members 
of which are elected by the voters of the city. This comh 
mission enacts the ordinances of the city, determines what 
taxes shall be levied, and what amount of money shall be 
spent in carrying on the various operations of the city gov- 
ernment. This commission also appoints all the other im- 



HOW THE CITIES ARE GOVERNED 



145 



portant and unimportant officers of the city. In order that 
the various activities of the city may be carefully directed, 
each member of the commission is put in charge of one of 
the several large divisions or departments into which the 
entire work of the city is divided. You see, therefore, that 
complete responsibility for the proper conduct of the city 
government is placed upon this commission. ' 

The commission government provided for Birmingham is 




Bird's-eye View of Birmingham, Alabama 

Showing the modern "sky scrapers" of one of the most progressive 

cities in the South. 

not exactly like that provided for Mobile or Montgomery 
or for the smaller cities that have adopted it. Nevertheless, 
all of these governments are somewhat similar, and a de- 
scription of the government of Birmingham will make clear 
the essential features of them all. In Birmingham the com- 
mission consists of three men elected by the voters. One 
member is elected each year, and each member holds office , 



I4 6 HOW WE ARE GOVERNED IN ALABAMA 

for three years. 1 If the people are not satisfied with a com- 
missioner during his term of office, they may get rid of him 
by a system known as the recall. Three thousand voters 
must sign a petition for this recall. At a special election, 
which must then be called, the voters have the opportunity 
to decide whether they will retain the commissioner or elect 
some other candidate to his office. The work of the city 
is divided into three large departments : ( i ) the Depart- 
ment of Public Justice; (2) the Department of Streets, 
Parks and Public Property, and City and Public Improve- 
ment; and (3) the Department of Accounts, Finances and 
Public Affairs. Each commissioner is director of one of 
these departments. 

109. The government of towns. Towns are those com- 
munities in Alabama which have less than twx> thousand 
inhabitants, and which, at the same time, have been given 
a distinct local government. Towns have not yet been per- 
mitted to adopt the commission form of government. Their 
government is in many respects similar to that of the smaller 
cities with the mayor and council government. Each town 
has a mayor elected by the voters of the town. The mayor 
is president of the town council, which consists of five mem- 
bers also elected by the people. The council chooses the 
town clerk and such other officers as are necessary. In 
towns, as in small cities, it is the mayor who holds the town 
court. 

You must bear in mind that every city and town in Ala-) 
bama is a part of some county. It is therefore subject to 

^he members of the first commission under the law which went 
into effect in 191 1 consisted of the then existing mayor, who held 
office for two years, and two members appointed by the Governor. 
These held office for three and four years respectively. 



HOW THE CITIES ARE GOVERNED 147 

the government of the county in which it is located. It is 
because of the fact that the city and the town have to provide 
for many things in addition to those things undertaken by 
the county that they are permitted to establish local govern- 
ments of their own. 

QUESTIONS FOR CLASS DISCUSSION 

1. Try to find out the population of your city, or of the nearest 
city to you. Is its population said to be increasing? Can you see 
an}' evidences of the increase, such as the building of new ♦resi- 
dences or business houses? What natural advantages has your 
city? What attracts people to it? 

2. Mention some of the things that city 'governments provide in 
addition to the things undertaken by the county governments. Why 
does this difference exist? 

3. Explain what is meant by a city charter. When were special 
charters granted to Alabama cities? Can the Legislature grant a 
special charter to-day? Explain how the Legislature does in effect 
enact special charters for cities. 

4. Find out whether your city (or the nearest city to you) has 
or has not the commission form of government. If it has, how 
many commissioners are there? Find out the names of the present 
commissioners, and what "department" each has in charge. Explain 
what is meant by commission government. What are its advan- 
tages? Can you think of any disadvantages of such a system? 

5. If your city (or town") has the mayor and council form of 
government, rind out how many aldermen there are in your council 
(or that of the nearest city or town to you). Are they chosen by 
wards? If. so, how many are elected in each ward? When are 
they next chosen ? How long do they serve ? How many wards 
has your city or town? 

6. Find out who appoints firemen, policemen, street-cleaners, in 
your city or town. Mention all of the officers of the city that you 
know, and find out how each is appointed. 

7- What should be the qualifications of commissioner, mayor, or 
alderman? What is the duty of the people in selecting these officers? 

8. If you live in a town, tell some of the things that your town 
government undertakes. What officers does it have? 



CHAPTER XV 

WHO TAKES PART IN THE GOVERNMENT 

110. Why the people of Alabama do not make laws 
directly. The simplest and most direct method of organiz- 
ing the government of a community is that in which the 
whole population of the community meets to make laws 
and choose officers. This form of government is illus- 
trated in the New England town meeting (see page 134) and 
is called democratic — a word which means government by 
the people. Surely it is not difficult for you to see, how- 
ever, that where county government exists, as it does in 
Alabama, it is impossible for the whole people to come 
together in a single meeting to determine what their laws 
shall be. So also in the populous cities such a form of 
government would be impossible, for no hall could be 
found large enough to hold the whole population of the 
city; and if everybody in the city were allowed freely to 
express his own ideas upon each question that arose, cer- 
tainly little would be accomplished. If such a form of 
government is not practicable in counties and cities, it is 
all the more impossible when it comes to making laws for 
the whole State. Imagine the difficulty of attempting to 
assemble all the people of the State of Alabama in one 
place to make laws ! 

111. What we mean by representative government. The 
people in Alabama, as in the other States of the Union, have 
solved the difficulty by what we call representative govern- 
ment. Instead of making laws directly themselves, the 

X48 



WHO TAKES PART IN THE GOVERNMENT 149 

people choose representatives to do this for them. That is 
why there is in each county a group of representatives 
known as the court of county commissioners ; and in each- 
city, a city council ; and for the State as a whole, a Legisla- 
ture. Each of these representative bodies has the power to 
make regulations for the people. Not only do the people 
choose their law-makers in this wlay, but, as we have seen, 
they also designate what officers are to execute these laws 
and what officers are to interpret them. This they accomp- 
lish either by direct election, as in the case of the Governor 
and many other officers, or by giving their representatives 
the power to choose other officers, as in the case of most 
city officers. (See page 145.) 

112. Why all of us do not share in the government. Now 
the question arises : does every person in each community 
of Alabama have an equal share in choosing these repre- 
sentatives? In other words, does everybody in Alabama 
have the right to vote? For a great many reasons this is 
not the case ; and some of them you can easily understand. 
It would not be expected, for instance, that the children of 
any community should have a share in selecting the 
officers of the government. Nor are the women in Ala- 
bama permitted to vote at elections, although, some of the 
States of the Union give them this right. Again, foreign- 
ers who have not yet declared their intention of becoming 
citizens of the United States, and citizens of other States, 
who may happen to be temporarily in Alabama at the time 
of an election, are not permitted to vote. But these are 
not the only classes excluded from a share in the govern- 
ment. 

It is a very unfortunate fact that there are grown men 
in Alabama who cannot read and write. This is a condi- 
tion of affairs which we are rapidly overcoming by means 



150 HOW WE ARE GOVERNED IN ALABAMA 

of the efficient system of public education which is now 
provided for the children of Alabama. Sometimes these 
illiterate people have only themselves to blame for their 
ignorance ; and sometimes they have been pitifully unfor- 
tunate. But in any case the more intelligent people have 
thought that a man ought to be able to read and write if 
he is to help in ; choosing officers for the conduct of the 
government. The Constitution lays down certain qualifi- 
cations that a man must have before he can be allowed to 
vote. Let us see what these qualifications are. 

113. Qualifications for those who vote. Perhaps it will be 
well for us to classify the several qualifications which a man 
must possess in order to vote at elections in Alabama. 
1. Age, sex, and citizenship. First of all, a person desiring 
to vote must be a man who is a citizen of the United States 
(that is, one who owes no allegiance to any foreign govern- 
ment), or one who has declared his intention to become 
a citizen ; and he must have reached the age of twenty-one 
years. 2. Residence. It is required also that he shall have 
resided in Alabama for two years, and in the particular 
county in which he offers to vote, for one year. For voting 
purposes the communities are divided into wards and pre- 
cincts, or "beats" ; and the law provides that a man offering 
to vote shall have resided in his precinct or ward for at 
least three months. 3. Registration. Suppose a man who 
is not known in a particular community presents himself 
on the morning of an election and desires to cast his vote. 
It might be very difficult for the officers who have the 
election in charge to find out whether he really possesses 
the qualifications necessary for a voter. The Constitution 
therefore provides that the voting places, or polls as they 
are called, shall be opened for registration on certain days 
prior to the election. During this period, any person desir- 



WHO TAKES PART IN THE GOVERNMENT 151 

ing.to vote at the election must present himself, prove his 
qualifications, and have his name properly enrolled upon 
the registration books. On the election day only those are 
permitted to vote whose names are to be found in these 
books. ]+. The poll-tax. Every male resident of the State 
between twenty-one and forty*five years of age is required 
to pay, under the present law, a yearly poll-tax of $1.50. 
No man can vote at any election who has not paid all the 
poll-taxes assessed against him. 5. Education When a 
man presents himself for registration, he is required to 
show that he is able to read and write, 6 Property. If a 
man owns forty acres of land in the State, or property 
valued at $300, he is permitted to register and vote even 
though he may be unable to read and write. 

These qualifications for voters were laid down in the Constitution 
of 1901, and their terms are strictly enforced. Previous to this 
time the qualifications were less rigid, and the officers were some- 
what lax in enforcing them. The result of this change has been 
that the number of voting people in the State has been greatly re^ 
duced in the last few years. While this is in some respects unfor- 
tunate, yet it has decided advantages. In the first place, it makes 
the vote of the people a much more intelligent one, because the 
privilege is granted only to those who have these elementary 
qualifications. In the second place, it gives those who at 
present do not possess the necessary qualifications something to strive 
for. In one way or another, you see, a man must show that he is 
sincerely interested in the government before he is permitted to 
vote. These qualifications help to shut out the vote of that class of 
people who never think about the affairs of the government until 
the morning of election, and then go to the polls without any idea 
of how they ought to vote. 

114. Places of election. As we have already noted, every 
county is divided into a number of voting precincts 
or "beats." In each precinct there is at least one place at 



152 HOW WE ARE GOVERNED IN ALABAMA 

which votes may be cast at any election. These voting 
places are usually advertised so that every voter may know 
where he must go to cast his vote. In charge of these 
places are certain election managers appointed in accord- 
ance with the law. These officers first examine the books 
and determine whether a person desiring to vote is properly 
registered. If his registration proves to be satisfactory, 
they then permit him to cast his vote. 

115. How the votes are cast. Many years ago it was 
the custom, when voters went to the polls, to read them 
the names of the candidates for office and to ask them 
which candidate they desired to vote for. Thereupon the 
voter would call the name of the candidate of his choice. 
Under such a system everybody knew how everybody else 
voted. The result was that men could not always vote 
with independence, because of what other people might 
think of them. They might be made to suffer in some 
way for voting as they thought best. 

This system of voting has never been adopted in Ala- 
bama. Under our present system of voting, it is usually 
impossible for anybody to know how any one else votes. 
When a person goes to the polls, he is given a slip of 
paper called a ballot with the names of all the different 
candidates printed on it. He then retires, usually to a 
booth where no one else is permitted, and with a pencil 
he makes a crossmark in front of the names of those for 
whom he desires to vote. An officer called a marker is 
appointed to assist those voters who are unable to prepare 
their own ballots. The voter folds his ballot and sees it 
deposited in a sealed ballot box. None of these ballots 
are examined until the election is closed. You see, there- 
fore, that it is usually impossible for one voter to tell 
how any other voter has cast his ballot. 



WHO TAKES PART IN THE GOVERNMENT 153 

The election usually lasts for one day. At its close the 
ballot boxes are opened and the ballots counted. The 
count, or return as it is called, is then sent to the sheriff 
of the county. A board consisting of the sheriff, the judge 
of probate, and the clerk of the circuit court add up the 
returns from the various voting precincts of the county. 
In case the election is for State officers, these county 
boards send their returns to the State authorities at Mont- 
gomery, who add the returns for the whole State and 
announce the result of the election in accordance with the 
law. 

116. Our duty toward the government. There was a 
time in the early history of our country when every man of 
intelligence and culture looked upon it as a duty and a 
privilege to take some active part in the government. 
Nearly all the truly great men were politicians. Govern- 
ment and politics was the field in which any ambitious 
young man sought to make a name for himself. Today 
the attitude which most men assume toward politics is 
quite different. Many noble men think it beneath them 
"to dabble in politics. " In consequence, they sometimes 
permit the affairs of the government to be directed by low 
political bosses and shrewd schemers who have only their 
own interests at heart. Nothing can be more hurtful to 
any community than this attitude which many good men 
assume. Of course, today it is impossible for every man 
to enter politics. It is not even desirable. But every man 
should be interested in all the undertakings of the govern- 
ment, and this means that he should be interested in 
politics. 

We should all feel that the government is a part of us. 
It undertakes to do for us many things which we cannot do 
for ourselves — that is to say, the whole people of any com- 



154 HOW WE ARE GOVERNED IN ALABAMA 

munity, acting together through the government, under- 
takes to do these things. If, then, the good people and the 
intelligent people of the community refuse to take part in 
the government, how can we hope that the best interests of 
the whole community will be served ? 

QUESTIONS FOR CLASS DISCUSSION 

i. What do we mean by democratic government? Would it be 
possible in your community for the people to make their laws 
directly? How are the laws made? Who makes the laws for the 
whole State? What kind of government do we call this? Why? 

2. Explain how a man shares in the government by voting. Why 
do not children have this right? Women? Foreigners? Citizens 
of other States? Insane people? 

3. Mention all the qualifications for voters in Alabama. Take 
each of these qualifications separately, and tell whether you think it 
is necessary or unnecessary, and why. 

4. Find out, if you can, how many precincts or "beats" there are 
in your county, district or ward. In what precinct do you live? 
Find out where the voting place of your precinct was locat:d at 
the last election. Find out if there was more than one voting 
place in your precinct. 

6. Explain the old method of voting. Explain how the votes are 
cast today. What was accomplished by the change from the old 
method? What is the ballot? The ballot box? 

7. What is meant by registration? W T hy is it necessary? 

8. Explain how it is the duty of every man to be interested in 
politics. To whom does the government belong? Explain how the 
government is a part of us. What is our duty toward it? How 
will we suffer if we fail in this duty? 



CHAPTER XVI 

HOW POLITICAL PARTIES CONTROL THE 
GOVERNMENT 'OF ALABAMA 

117. What political parties are. All of you have doubt- 
less heard of political parties — the Democratic Party and 
the Republican Party, for instance. What do we mean by 
political parties, and how did they come to be formed? 
Political parties have existed in the Linked States almost 
from the beginning of our history as a nation. In Presi- 
dent Washington's administration the people of the country 
began to divide into two great classes according as they 
believed that the national government should exercise wide 
powers under the newly adopted Constitution, or that it 
should exercise only those powers that were expressly 
granted to it. These classes were known as political par- 
ties and were called at first Federalists and Anti-federalists. 
From that day to this, political parties have existed in the 
United States. New parties have arisen and died ; old par- 
ties have changed their names, or retaining their names, 
have changed their policies ; but on questions of politics, 
the people have always been divided into parties. 

Indeed, wherever the people share in the government of 
a country, parties will surely spring up. Those people who 
believe that the government should do this or that thing 
must act together ; and those who oppose them must also 
act together. In this acting together parties originate. 

We sometimes hear a man of one party vigorously de- 
nounce the other party ; and sometimes, too, we hear men 

155 



156 HOW WE ARE GOVERNED IN ALABAMA 

regret that there are any parties at all. But parties are 
invaluable aids to good government. They watch each 
other closely. If a party in control of the government 
fails to make wise laws, or to choose good officers, the 
other party will surely find it out, and perhaps at the next 
election will succeed in defeating the party in power. 
Parties help to keep alive our active interest in the affairs 
of government and exert a controlling influence over the 
action of our law-makers and officers. 

118. How parties are organized. If a party is well organ- 
ized, it can more easily and more successfully get its can- 
didates into office. This organization is accomplished by 
means of committees. In every party there is a State com- 
mittee having general control over the affairs of the party, 
and in addition there are local committees in the different 
counties and cities of the State. These committees arrange 
for political meetings and for addresses to be delivered by 
party leaders and candidates for office. They stir up gen- 
eral interest in the election and in the affairs of the govern- 
ment, and seek to draw out as large a vote for their own 
party as possible. They also determine many important 
questions in regard to the method of choosing candidates. 
You must not think, however, that these party committees 
are a part of the government. Political parties are merely 
organizations of the people for the purpose of controlling 
the government; they are not a part of the government. 

119. Party conventions and primary elections. Suppose 
that one political party in the State has many more voters 
than another party; and suppose that in the larger party 
there are many candidates seeking, for instance, the office 
of Governor, while in the smaller party there is only one 
candidate. The larger party would probably divide its 
vote among the various candidates. You can readily see 



POLITICAL PARTIES IN ALABAMA 



157 



that this might cause the candidate of the smaller party, 
receiving the whole of his party vote, to be elected. Thus 
in the table below, candidate D would be elected over A, 
B, and C, although his party cast only half as many votes 
as the other. 



Larger 
Party 


Vote for 

Candidate 

A 

30,000 


Vote for 

Candidate 

B 

40,000 


Vote for 

Candidate 

C 

50,000 


Total 
Vote 

120,000 


Smaller 
Party 


Vote for 

Candidate 

D 

60,000 






Total 
Vote 

60,000 



In order that the party vote may not be wasted in this 
manner, it is usually necessary to choose the party candi- 
dates for office before the election comes up. If one party 
is small as compared with the other, it accomplishes this by 
means of a party convention. If the election is for State 
officers, this convention is called by the State party com- 
mittee and is composed of delegates from the various com- 
munities of the State. 

When the party is large, however, candidates are usually 
chosen by means of primary elections. A primary election 
is an election held by the party for the purpose of nomi- 
nating the candidates for office which the party desires to 
support at the general election which follows. You must 
bear in mind that a primary election is not really an election 
at all. It is only a nomination by the party. For instance, 
a certain man may be elected at the primary as the Demo- 
cratic candidate for Governor. This means only that the 
members of the Democratic Party will vote for him in the 



158 HOW WE ARE GOVERNED IN ALABAMA 

general election held a few months later, when he must 
stand against the Republican, Progressive, Prohibition, So- 
cialist, and perhaps other party candidates.- 

In any party primary the voters of the other party are 
not supposed to take part. Moreover, no one can vote 
unless he is qualified to vote at a regular election. (See 
page 150.) 

120. Local nominations. In local elections — that is, 
county, town, and city elections — the local party committee 
always decides whether candidates shall be chosen by a local 
convention or at a primary election. In cities under com- 
mission government political parties are not allowed to play 
so large a part in nominating candidates for the commission. 



QUESTIONS FOR CLASS DISCUSSION 

1. Try- to find out which political party is the stronger in your 
community. Are most of your county or city officers Democrats 
or Republicans? Were they nominated for office at a primary? 
Were they nominated by a convention? If not, why not? 

2. To what political party do the present Governor and the other 
State officers belong? How were these officers nominated? Explain 
why the primary election was necessary for their nomination. Ex- 
plain, then, what you mean by a primary election. 

3. Who may vote at a primary election? Is the primary really 
an election at all? 

4. How do political parties help to create good government? Are 
they a part of the government? 

5. Explain how political parties are organized. Why is it neces- 
sary for them to organize ? What powers and duties have the party 
committees? Find out, if you can, what party committees there are 
in your community. 

6. Explain why it is necessary for parties to choose candidates 
before the election. What would be the probable result if they did 
not do so? 






PART II 

HOW WE ARE GOVERNED 

IN THE NATION 



HOW WE ARE GOVERNED 
IN THE NATION 



CHAPTER XVII 

HOW THE NATIONAL GOVERNMENT 

PROTECTS AND ASSISTS US 

121. The necessity for the national government. We 
have already noted the many things which the government 
of Alabama does for the benefit of those who live within 
the limits of the State. Similar protection and assistance 
are provided for their inhabitants by the governments of 
all the other States of the Union. But these States, as we 
all know, are only parts of one great nation. In addition 
to the State governments, there is over our whole country 
a powerful national government with its seat at Wash- 
ington. 

After the Revolutionary War was fought and our inde- 
pendence was won, there were many reasons which 
prompted the people of the new States to unite and estab- 
lish a national government. They had so many interests 
in common, and there were so many things that could be 
best attended to by a government representing the people 
of all the States. Moreover, in spite of the fact that the 
people were separated into thirteen States, they were in 
many respects one people. Most of their ancestors were 
English. They spoke the English language. They had 

t6t 



1 62 HOW WE ARE GOVERNED IN THE NATION 

similar laws, similar governments, and similar ideas about 
the rights and liberties that people living in a community 
ought to enjoy. 

In the next chapter we shall see how the Union came to 
be established and how our national Constitution was 
framed and adopted. This Constitution declares what 
powers our national government shall exercise and in what 
ways it shall provide for the protection and welfare of the 
people of the entire nation. Our State indeed provides in 
many ways for our safety and happiness, but our national 
government also undertakes many important things for 
us — things which are of interest to the people in all parts 
of our great country and which could not be satisfactorily 
provided by the separate States. Let us note some of the 
more important things that are placed under national con- 
trol. 

122. How the national government controls foreign 
affairs. We have seen that when people live in a com- 
munity conflicts often arise in the exercise of their rights 
and desires. Now in many respects nations associate with 
one another just as people do ; and, like people, they are 
apt to have disagreements. The United States is today 
one of the leading powers of the world. American citizens 
are constantly traveling in foreign countries ; they carry on 
enormous commerce with the citizens of other nations ; 
American vessels-sail upon every sea. With all this asso- 
ciation between the people of the United States and the 
people of other countries, we should be continually getting 
into serious difficulties if some means were not provided 
for the peaceful regulation of affairs between nations. Our 
affairs with foreign countries are controlled entirely by our 
national government. Let us see how our foreign affairs 
are carried on. 



POWERS OF THE NATIONAL GOVERNMENT 163 

1 The making cf treaties. The government of the 
United States makes agreements on a great variety of sub- 
jects with the governments of other nations. These agree- 
ments are usually known as treaties. In many ways they 
regulate the conduct of nations and their citizens toward 
one another. The United States has more than three hun- 
dred such treaties in force to-day. 

When it seems advisable to make a treaty with any for- 
eign power, the President usually chooses some person 
especially fitted to represent the United States, and in- 
structs him in regard to the proposed treaty. This repre- 
sentative confers with a similar representative appointed 
by the other government. When the treaty has been 
drawn up in accordance with the President's instructions, 
it must be sent to the Senate a'ad must be approved by a 
two-thirds vote of that body. The Senate may change 
the treaty or reject it entirely. The power to make 
treaties, therefore, is placed in the hands of the President 
and the Senate. Many difficulties between the United 
States and foreign nations are avoided by means of these 
treaties. They help to preserve peace and to strengthen 
our friendship with foreign governments. 

2. Diplomatic representatives. It has long been the cus- 
tom for each civilized nation to keep at the capital of 
every other nation a permanent representative known as a 
diplomatic representative. These representatives are 
called ambassadors or ministers, according to their rank. 
The United States sends ambassadors to ten of the more 
important nations of the world and ministers to nearly all 
other countries. At Washington, representatives are like- 
wise received from these countries. Through these diplo- 
matic representatives nations communicate one with the 
other. If, for example, the Ur ited States government de- 



164 HOW WE ARE GOVERNED IN THE NATION 

sires to communicate with the government of Germany, 
the message is sent through our ambassador at Berlin. 
Diplomatic agents help to keep the relations between 
nations peaceful; for they are always at hand to assist in 
the speedy and friendly settlement of any disagreement 
that arises. Frequently, too, they are instructed by the 
President to assist in drawing up new treaties. Our am- 
bassadors and ministers are appointed by the President 
with the approval of the Senate. 

3. The making of war. In spite of these means provided 
for keeping peace between nations, disagreements some- 
times arise which cannot be settled peacefully, and appeal 
must be made to arms. In the United States, Congress 
alone has the power to declare war against a foreign 
nation. The making of war is a matter of great impor- 
tance to the people of all the States ; it would never do to 
let each State have the power to declare war whenever it 
chose to do so. Since the Revolutionary War the United 
States has declared war on only two important occasions — 
in 1812, against Great Britain, and in 1898, against Spain. 
The Mexican War of 1848 was begun by Mexico. 

Jf. Foreign Commerce. You can easily understand the 
troubles that would arise if each State of the Union could 
admit or restrict foreign commerce as it pleased. States 
would vie with one another to secure the largest amount of t 
foreign trade. Each State would make its own agree- 
ments with foreign nations in regard to this matter, and 
the result would be endless confusion and much bitterness. 
To avoid this, foreign commerce is placed entirely under 
the control of the national government. In the exercise 
of this power over foreign commerce, Congress has placed 
duties on most of the manufactured articles that are 
brought into the United States, and many treaties and 



POWERS OF THE NATIONAL GOVERNMENT 165 

agreements have been made with foreign governments to 
encourage trade and commerce. We shall see later on 
that certain restrictions are placed upon the national gov- 
ernment in the exercise of its power to lay duties on for- 
eign goods brought into the United States. (See 
page 203.) 

To many important cities throughout the world the 
United States sends a representative known as a consular 
agent. It is the duty of these consuls to encourage Ameri- 
can commerce and to assist and protect American vessels 
in foreign ports. They send extensive reports to our gov- 
ernment at Washington ; and these reports are published 
for the benefit of those who are interested in shipping 
goods to foreign countries. 

123. How the nation is protected. We have seen some 
of the many ways by which our State government pro- 
vides for the protection of our lives. (See chapter II.) 
In addition to this protection afforded by the State gov- 
ernments, our national government makes provision for 
our protection against foreign enemies. This is accom- 
plished by means of the army and navy, and by construct- 
ing forts and other defences along the coasts. 

1. The Army. The different nations of Europe are situ- 
ated so close to one another that disagreements are likely 
to arise frequently among them. The result is that they 
have, as a rule, been obliged to maintain large standing 
armies at great expense. The United States is not, like 
the countries of Europe, surrounded by numerous foreign 
States. We occupy a large portion of a whole continent, 
and we are the most powerful independent nation on the 
continent. In consequence, we have not found it neces- 
sary to support a large standing army. Nevertheless, we 
have always maintained a small army, ready at any time of 



166 HOW WE ARE GOVERNED IN THE NATION 

need to defend and protect the nation. The President is 
commander-in-chief of the army, but Congress must pro- 
vide for its support. In recent years the United States 
has acquired important islands in the far seas. In order 
to protect these, we shall perhaps find it necessary in the 
future to keep a somewhat larger standing army than we 
have needed in the past. 

Not only does the army provide for the defence of the 
nation against enemies from without, but sometimes it is 
used to preserve peace within the States, or to help in 
carrying out the national laws. Troops of the army, how- 
ever, are never sent to the aid of any State unless the gov- 
ernor or the State legislature requests the President to 
send them. In the winter of 1907-08, the Governor of 
Nevada, fearing the results of a serious strike among the 
mining employees of that State, called for the assistance of 
the national army; and the President, acting upon his re- 
quest, sent a body of national troops to prevent any dis- 
turbance that might arise. 

Whenever he thinks it necessary the President may also 
employ the national troops to enforce the laws of the 
nation. In 1894 there was a large strike among the rail- 
way operators at Chicago, one of the most important rail- 
way centers in the United States. Commerce between the 
States was seriously interfered with, and trains carrying 
the United States mails were held up. President Cleve- 
land promptly dispatched troops of the United States to 
put down the disturbance in order that the trains might 
continue, under the laws of Congress, to carry the mails 
and the commerce going from one State into another. 

2. The Militia. If our country should be invaded by a 
foreign enemy, our small standing army would probably be 
unable to repel the invasion. We have seen that in our 



POWERS OF THE NATIONAL GOVERNMENT 167 

own State there is an organized militia for the purpose of 
preserving the peace of the State in times of unusual dan- 
ger. (See pages 31, 117.) In nearly all the other States 
similar provision is made for maintaining companies of 
militia. The national government has the power to call 
out the State militia for the purpose of defending the nation 
against invasion or insurrection. Congress also makes 




The American Fleet 

Leaving Hampton Roads in the fall of 1907 on the famous cruise 

around the world. 

general rules for the organization and discipline of the 
State militia throughout the United States. 

3. The Navy. If the United States should go to war 
with any nation of Europe, neither country would be likely 
to send a large army to attack the other. Much of the 
righting would naturally take place on the water. This 
was shown in our recent war with Spain. Some of the 



l68 HOW WE ARE GOVERNED IN THE NATION 

fighting, indeed, took place in the island of Cuba, which 
was a Spanish possession close to our own shores ; but the 
real test between the two nations was in the struggle be- 
tween the navies. Because of our position, therefore, it 
has been necessary for our national government to pro- 
vide a large and well-equipped navy. Especially is this 
necessary since we acquired the Philippine Islands, for it 
is largely by means of the navy that these far ofif posses- 
sions must be protected. Our navy is being constantly 
strengthened by the addition of new and powerful vessels 
of war. 

k. The Coast Defence. In addition to the protection pro- 
vided by the army and the navy, it is necessary that the 
seaports of our country should be fortified against 
attacks that might be made by the war vessels of an enemy. 
At important points along the seacoast and the shores of 
the great lakes, strong forts are built with powerful bat- 
teries of large guns. Harbors are usually protected also 
by sub-marine torpedoes, or mines, as they are called, laid 
at the bottom of the channel. These mines are connected 
with the land by electric wires and can be exploded under 
an enemy's vessel. Fort Morgan and Fort Gaines, at the 
main entrance to the harbor of Mobile, are the chief coast 
defences provided in Alabama by the national government. 
It is probable that Mobile harbor is also protected by 
sub-marine mines. In addition to the fort and harbor pro- 
tections, there are also vessels especially built for the coast 
defence. 

It is the national government, too, which provides those 
protections for life and property along the coasts which 
we learned of in the earlier part of our study. It erects 
lighthouses and maintains life-saving stations. (See page 
27.) It also spends large sums of money in improving 



POWERS OF THE NATIONAL GOVERNMENT 169 

harbors and rivers for the purposes of navigation. (See 
page 75.) Thus we see that the government of our 
nation provides in many ways for the protection of our 
lives in addition to the protection thrown around us by 
the government of our State. 

124. How the national government controls inter-State 
commerce. In this day of frequent travel and the enormous 
growth of commerce between different parts of the 'Union, 
we sometimes almost forget that there are any boundaries 
between the States. We sit in a railway train and are 
whirled through half a dozen States in a single day. 
The early fruits and vegetables that are grown on the 
farms of Alabama are sold in Virginia, Pennsylvania, and 
Xew York. The goods we buy in the shops have drawn 
their raw material from one section of the United States, 
have been manufactured in another, and are sold in a 
third. Goods are sent from one State to another as easily 
as they are sent from one local community to another. 
This tremendous commerce between the States passes over 
the water routes and the great railway lines. 

Xow suppose that one State had the power to prohibit 
the people of another State from entering its territory, or 
suppose that each State could lay duties on goods coming 
from, another State. A great deal of confusion would 
naturally result, and much of this travel and commerce 
would be interrupted. To avoid this difficulty the national 
government is given complete control over inter-State 
commerce — that is, commerce passing from one State to 
another. It has been the general policy of the national 
government to permit commerce to be carried on between 
the States without restrictions of any kind. 

125. How the national government controls our money 
system. It is very necessary that the government in any 



lyo HOW WE ARE GOVERNED IN THE NATION 

country should regulate in the strictest manner the money 
that is used in the country. People must be sure always 
that whatever they receive as money will, in turn, be re- 
ceived by other people ; and they must be protected against 
frauds. You can understand, therefore, the necessity for 
the government's control over the money we use. 




Making Paper Money 
Scene in the Bureau of Printing and Engraving at Wash- 
ington, where our paper money is engraved 

Now imagine what endless confusion would result if 
every State coined its own money. Each of us would have 
to keep in mind the value of the coins of forty-eight differ- 
ent States, and we should probably have in our pockets 
coins of every variety. This would be annoying beyond 



POWERS OF THE NATIONAL GOVERNMENT 171 

description. For this reason the national government has 
been given the power to establish one system of coins 
throughout the country to be used by the people in every 
State. 

In order for the national government to protect us 
against frauds it must make . provision for coining the 
money we use. This could not be left to private indivi- 
duals. United States mints have been established, there- 
fore, in which the coins are made ; and laws have been 
passed for the severe punishment of any individual who 
attempts to duplicate, or counterfeit, as we say, United 
States coins. 

The national government also issues paper money. 
You must not imagine, however, that the government can 
issue any amount of paper money that it chooses. A 
great many people have this mistaken idea. A dollar bill 
issued by the national government is simply a promise 
made by the government that it will pay a dollar in silver 
to the bearer of that bill whenever he demands it. The 
government keeps in the national treasury a large part of 
the gold and silver coins. Now if the government issued 
an enormous number of paper bills, it would be unable to 
pay them upon demand. This would soon be known, and 
the bills themselves would become worthless. 

The State governments are forbidden by the national 
Constitution either to coin money or to issue paper money. 
This is because it is of great importance that there should 
be in the United States only one system of money regu- 
lated entirely by the national government. 

The national government also determines what weights 
and measures shall be lawfully used as standards. This 
helps to avoid confusion and dishonesty in business 
throughout the entire country. 



172 HOW WE ARE GOVERNED IN THE NATION 

126. How the national government controls immigration 
and naturalization. For many years our country has been 
attracting a large number of foreigners from the various 
nations of Europe and Asia. These people in many cases 
come from lands of oppression and poverty. They see 
in the United States a land of opportunity and promise. 
They swarm over the seas by the thousands every year. 
Indeed, more than a million have sometimes come to us 
in a single year. 

Many of these foreign immigrants belong to the lower 
classes of their home countries. In times past they were 
often paupers, who had to be supported by our govern- 
ment after they landed in America. Immigration is a 
serious problem in the United States, and the national 
government has undertaken to regulate it. Laws have 
been passed to prevent paupers and diseased and insane 
persons from entering the country. Moreover, every for- 
eigner who comes over to. settle in America has to pay a 
tax of two dollars when he lands, and he must have at 
least fifteen dollars in his pocket in order to show that he 
is not likely to become a public burden. 

The national government provides that, in due course of 
time, these foreigners may become American citizens by a 
process called naturalization. Before a foreigner can be- 
come a naturalized citizen of the United States, he must 
have resided in this country at least five years, and he must - 
have declared his intention to become a citizen at least two 
years before he is admitted to citizenship. After a for- 
eigner has been granted his naturalization papers by the 
government, he enjoys the same privileges that belong to 
a natural-born citizen of the United States, with the single 
exception that he can never become the nation's President 
or Vice-President. 






POWERS OF THE NATIONAL GOVERNMENT 173 

Foreigners of the same nationality frequently settle together in 
some section of one of our large cities, retaining their foreign lan- 
guage and customs. They thus become a danger to our nation, 
for they do not understand our life and government. Fortunately, 
however, many of them scatter over the country. These quickly 
lose their foreign characteristics and adopt our language, our cus- 
toms, and our ideas. In other words, they become Americans. 
The school is perhaps the most important means by which the 
children of these foreigners are taught to understand our ways of 
living and thinking. Educated in our schools, many of them grow 
up to become good American citizens. Immigrants from England, 
Scotland, Ireland, Germany, and Sweden adopt American ideas 
very rapidly ; but others — like the Russians, the Italians^ and the 
Syrians — are very slowly "Americanized." 

This problem of immigration is much more serious in some 
parts of the United States than it is in others. In large cities, like 
New York and Chicago, the foreign populations give a great deal of 
trouble. On the Pacific coast the large population of Chinese and 
other Asiatic peoples is a constant source of annoyance and diffi- 
culty. The national government at length found it necessary to 
pass a law prohibiting the Chinese from entering this country, for 
it was feared that they would soon outnumber the whites along the 
western coast. 

127. How the national government controls the postal 
service. The carrying of the mails is one of the most im- 
portant services undertaken by the national government for 
the welfare of the people. This business of carrying the 
mails is under the exclusive control of the national gov- 
ernment. By means of the thousands of post-offices 
scattered throughout the land, the people in the different 
communities are brought . into easy communication with 
one another. We have already learned something of the 
reforms that have been brought about in the postal service, 
and of the important part it plays in the business and 
social life of the nation. (See page yy.) 

128. How the national government controls patents and 
copyrights. When a man writes a book or invents a ma- 



174 



HOW WE ARE GOVERNED IN THE NATION 



chine, his book or his invention is really a part of his 
property. Unless he is protected in his property, however, 
some one else may reprint his book or manufacture his 
machine without his consent, and thus deprive him of his 
profit. In order to encourage authors and inventors, the 
government provides them with protection for their work. 




Making Postage Stamps 
Scene in the Bureau of Printing and Engraving at Wash- 
ington, where postage stamps are printed 

To the author is issued a copyright on his book, and to 
the inventor a patent upon his invention. The govern- 
ment makes it unlawful for any one to republish a book 
that has been copyrighted or to manufacture a machine or 
other device that has been patented. 



POWERS OF THE NATIONAL GOVERNMENT 175 

129. Summary. Thus we see that the government of 
our nation provides in many important ways for the pro- 
tection and welfare of the people of the whole country. 
This it does by regulating foreign and inter-State affairs, 
by providing for the national defence, and by controlling 
such things as the money system, naturalization, the 
postal service, patents, and copyrights. These are things 
which could not be satisfactorily undertaken by the 
separate States. It is of great importance that they should 
be regulated in a uniform manner throughout the entire 
nation. 

QUESTIONS FOR CLASS DISCUSSION 

1. Dees the State of Alabama maintain an army? A navy? A 
postal system? Does it build forts and protect harbors? Make 
treaties? Send diplomatic representatives to foreign nations? 
Coin money? Issue paper money? Show how each of these 
things is necessary for our protection or welfare. By whom are 
these things undertaken, and why? Explain, then, the necessity for 
our national government. 

2. In what ways do the people of the United States associate 
with the people of foreign countries? Suppose a dispute arises be- 
tween the United States and Great Britain; who settles it? Who 
has control over all our foreign affairs, and why? 

3. Could the State of Alabama make a treaty with Germany? 
Why? Explain how treaties between the United States and a 
foreign government are made? Why are they made? How do 
they help us as a nation? Mention some of the treaties you have 
learned about in history. Why were they made? 

4. What are ambassadors and ministers? Does Alabama appoint 
or receive ambassadors and ministers? Why? Who chooses the 
diplomatic representatives of the United States? Where are they 
sent? Why are they sent? What is the difference between an 
ambassador and a minister? Find out, if you can, to which 
countries the United States sends ambassadors. Find out, if you 
can, the names of some of our present diplomatic representatives. 
To what countries are they sent? Try to recall from your history 
some distinguished statesmen who have represented us abroad. 



176 HOW WE ARE GOVERNED IN THE NATION 

5. In the United States who has the power to declare war, and 
why? Who controls foreign commerce, and why? Who makes 
regulations for the vessels and goods which come from abroad and 
land at the seaports of Alabama? 

6. Who maintains our army? Is it large or small, and why? 
Is it larger today than it was before the Spanish- American War? 
Why? Why is the army maintained? When may national troops 
be sent to protect life and property within some State? How is 
the army used to enforce the laws of the nation? Do you recall 
any instance of this? What part does the State militia have in the 
defence of the nation? 

7. Explain why the United States is obliged to maintain a large 
navy. Explain how the seacoast is protected. Where are Fort 
Morgan and Fort Gaines? Have you ever seen them? Tell all 
you know about them. Who built the lighthouse at the entrance 
to Mobile harbor? 

8. Can Alabama prohibit persons from coming into the State 
from Georgia, Florida, Mississippi, or Tennessee? Can Alabama 
prohibit goods from being brought in from these States? Why? 
What do we mean by inter-State commerce? Who controls it? 
Why? 

9. Who coins the money we use? Why is Alabama not per- 
mitted to coin money? What is a mint? Why does the national 
government maintain mints? What is meant by counterfeiting? 
Why is it made a criminal offense? What is paper money? Who 
issues it? Why? Does Alabama issue any paper money? Why? 
Can the national government issue any amount of paper money it 
chooses? Who fixes the weights and measures we use in our 
stores? 

10. What people are known as immigrants? Where do they come 
from, and why? When do they become dangerous? What is meant 
by naturalization? Who controls this? 

11. Where is your nearest post-office? Who maintains it? Why? 
Tell all that you know about the postal service in your community. 
What are patents and copyrights? By whom are they issued and 
why ? Look in the front of one of your school books and see who copy- 
righted it. What does this mean? Have you ever seen any article 
marked "patented" or "patent applied for?" Tell about the article, 
and explain why it was patented. 



CHAPTER XVIII 

THE CONSTITUTION OF THE NATION 

130. What the national Constitution is. In our earlier 
study we learned that our State government undertakes 
to provide many important benefits for us ; and we saw 
how that government is organized under the Alabama 
Constitution. In the preceding chapter we have learned 
that our national government provides for our protection 
and welfare in many other important ways; Our national 
government also is organized under a Constitution. This 
Constitution determines what powers the government of 
the nation shall exercise throughout the entire Union. Let 
us see how the Union of States came to be formed and 
how the national Constitution was framed and established 

131. Why the colonies first united. You doubtless re- 
member that during the colonial period of our history 
each of the thirteen colonies was under the control of 
the British government. There was, however, no sort of 
union which bound them together ; each colony was in- 
dependent of the others. They were forced to join hands 
only because the Parliament of the mother country began 
to oppress them and to impose upon them taxes which 
they felt were unjust. They realized fully that if their 
revolt against this oppression was to be successful they 
would have to act together. The colonists therefore de- 
termined to send delegates to a Continental Congress 
which should represent them in their struggle with Great 
Britain. It was this Congress which issued the Declara- 

177 



17*8 HOW WE ARE GOVERNED IN THE NATION 

tion of Independence and provided for carrying on the 
Revolutionary War. The success of the war freed the 
colonies from British control. They were no longer de- 
pendent colonies ; they were independent States. 

During the period of the war the Continental Congress 
exercised whatever powers were necessary. But naturally 
after peace was established the people were unwilling to 
have this Congress govern them as it chose. Even while 
the war was going on, steps were taken to determine how 
the government of the Union should be organized and 
what powers it should exercise. 

132. What the Articles of Confederation were. In 1777 
a committee of the Continental Congress drew up a plan 
of government for the new Union. The document which 
they prepared was known as the Articles of Confederation. 
It was provided that this government should not go into 
operation until every one of the thirteen States had agreed 
to accept it. In 1781 the last State gave its consent, and 
the government provided for by the Articles of Con- 
federation was set in motion. 

The government established by the Articles of Con- 
federation proved to be very unsatisfactory. The war had 
been costly, and the States were deeply in debt. Money 
was needed for carrying on the work of the new govern- 
ment; but the government had no means for raising 
money. It had no power to levy taxes upon the people. 
It had to call upon the different States to contribute to 
its support. The Congress of the Confederation had no 
power to compel the States to pay their contributions, or 
indeed to compel obedience to any of the laws of the 
Union. 

As the years went on, the government became more 
and more hopelessly in debt. More than once the attempt 



THE CONSTITUTION OF THE NATION 179 

was made to change the Articles of Confederation so 
as to give Congress additional powers ; but no change 
could be made without the consent of every State, and 
this it was impossible to secure. The far-seeing states- 
men of the time realized that if the Union was to continue, 
something must be done to increase the powers of the 
government. Washington called it "a half-starved, limp- 
ing government, always moving upon crutches and totter- 
ing at every step." 

Difficulties had early arisen between Virginia and 
Maryland over the control of commerce on the Potomac 
River and Chesapeake Bay, and these States seemed unable 
to settle their disputes. In 1785 the General Assembly of 
Virginia invited all the States to send representatives to a 
convention to be held at Annapolis the year following. 
This convention was called to consider the trade and 
commerce of the Union. Only five of the States were 
represented when the delegates came together. But a 
stirring address was issued calling upon the States to send 
delegates to another convention which should meet the 
next year in Philadelphia for the purpose of revising the 
Articles of Confederation. 

133. The Constitutional Convention of 1787. The Con- 
vention assembled in May, 1787. It was composed of 
delegates from every State except Rhode Island. Nearly 
all the truly great men of that time were among its 
members. Washington was its president, and prominent 
also among its distinguished members were Benjamin 
Franklin, James [Madison, Alexander Hamilton, George 
Mason, Edmund Randolph, and James Wilson. Jefferson 
was not a member, for at this time he was representing 
the United States government in France. It was a high- 
minded, patriotic, and noble body of men, which met at a 



180 HOW WE ARE GOVERNED IN THE NATION 

critical time to determine how the Union might be 
strengthened and preserved. 

As a matter of fact, the Convention did not attempt to 
revise the Articles of Confederation. They set about the 
task of drawing up a completely new form of government. 
After nearly five months of careful deliberation behind 
closed doors, their work was completed. They had framed 
a new Constitution for the Union of States. 

134. How the Constitution was put in operation. The 
Convention sent the Constitution they had framed to the 
Congress then in session with the request that Congress, 
in turn, should send it to the States for consideration. 
In each of the thirteen States a convention representing the 
people was called together to decide whether the State 
would accept or reject the new form of government. Ac- 
cording to the plan adopted by the Convention, whenever 
nine of the States should accept the Constitution it was 
to go into operation. You must bear in mind, however, 
that each State was to make its own choice; no State was 
compelled to adopt the proposed Constitution. 

The conventions in some of the States had little diffi- 
culty in agreeing to adopt the new form of union, but in 
many others the Constitution hung in the balance for 
months. There were several reasons why the proposed 
Constitution met with so much opposition. The States, 
you will recall, had but recently been freed from the op- 
pressive yoke of Great Britain. They were now enjoying 
the luxury of independence, and they feared to give up 
any large amount of power even to a government of 
their own creation. They were afraid that as States they 
would be deprived of too many rights, and that the people 
might not be secure in their liberties. This was perhaps 



THE CONSTITUTION OF THE NATION 181 

the chief objection that the new Constitution had to over- 
come. 

By the summer of 1788, eleven States had ratified the 
Constitution. North Carolina and Rhode Island alone re- 
fused their consent. Indeed they did not come in as 
members of the new Union until after the government 
had gone into operation. Before the spring of 1789, 
Washington had been unanimously chosen the first Presi- 
dent of the United States, and the members of the first 
national Congress had been elected. The Congress of 
the old Confederation passed into history, and the govern- 
ment provided for by the national Constitution under 
which we still live came into being. 

135. How the number of States in the Union has increased. 
There were only thirteen States in existence when the new 
Constitution went into operation in 1789. But stretching 
from the western frontiers of these thirteen States along 
the Atlantic was a vast area of sparsely settled territory 
held by the government of the Union. This territory con- 
sisted of large tracts of land which, during the years fol- 
lowing the Revolutionary War, had been ceded to the 
Union by one or another of the original States. The 
framers of the Constitution realized that sooner or later 
this territory would increase in population. For this 
reason they provided in the Constitution a method by 
which new States might be admitted to the Union when- 
ever the national Congress should see fit to admit them. 
You doubtless recall from your study of history that, as 
the years went on, other immense stretches of territory 
were added to the Union by cession, purchase, or con- 
quest. In 1790 North Carolina ceded the territory com- 
prised in the present State of Tennessee. In 1802 Georgia 
ceded to the United States all the territory on her western 



1 82 HOW WE ARE GOVERNED IN THE NATION 

frontier. Then came the gradual acquisition of the terri- 
tory westward from the Mississippi River to the Pacific 
coast. In 1803 the United States purchased from France 
the immense territory of Louisiana. In 1819 Florida was 
purchased from Spain. The dispute with Great Britain 
over the Oregon territory in the northwest was also settled 
by the treaties of 1819, 1842, and 1846. Texas was an- 
nexed in 1845. The great southwestern section of our 
country including California was acquired from Mexico by 
conquest and treaty in 1848, and was extended by the Gads- 
den purchase in 1853, Thus the United States "grew" into 
the occupation of the better part of a continent. 

Out of all this length and breadth of territory, new States 
have one by one been admitted to the Union by the Congress 
of the nation. From the admission of Vermont in 1791 
to that of New Mexico and Arizona in 1912, thirty-five 
States have been added to the original thirteen. As we 
have already learned, Alabama came in as a member of the 
Union in 1819, being the seventh State admitted since the 
adoption of the Constitution of 1789. 

The national Constitution was indeed framed and adopted 
by only thirteen of our present forty-eight States. But it 
is of great importance for you to remember that every 
State has just the same duties and powers in our govern- 
ment as any other State, whether it assisted in making the 
Constitution, or whether it was admitted as a State in 1819 
or in 1912. Alabama, since its admission to the Union in 
1819, has enjoyed as a State the same rights and powers as 
Virginia or New York. 

136. How the government is organized under the Con- 
stitution. Under the old Articles of Confederation all 
the meager powers given to the government of the Union 
were placed in the hands of the Congress. There were 



THE CONSTITUTION OF THE NATION 183 

no executive officers to put the laws into operation, and 
no courts to explain and interpret them. The only power 
which the government really had was the power to make 
laws, and this was one of the reasons why the Confed- 
eration proved to be a miserable failure. Under the new 
Constitution all this was changed. The national govern- 
ment has the power not only to 'make the laws but to put 
them in operation and to apply them. 

It has already been pointed out that whenever all these 
powers are placed in the hands of one group of men there 
is usually danger that the government will become tyran- 
nical. (See page 103.) The Constitution therefore provides 
that there shall be three great departments of govern- 
ment — legislative, executive, and judicial. 

137. How the Constitution may be changed. You re- 
member that our Alabama Constitution, being the highest 
law of the State, is considered of such importance that the 
Legislature is not permitted to change it. (See page 101.) 
This is true also of our national Constitution. Indeed it 
may be said generally that no Constitution in the United 
States, whether State or national, can be amended by the 
ordinary law-making body. 

The Constitution of the nation provides that changes, 
or amendments as they are called, may be proposed in 
Congress. But it requires that every amendment shall be 
passed by a two-thirds vote of each house, and that it 
shall then be sent to the States for consideration. No 
amendment becomes a part of the Constitution until it 
has received the consent of at least three-fourths of the 
States. 1 

^he Constitution also provides that, upon application of the 
legislatures of two-thirds of the States, Congress shall call a con- 
vention for the purpose of proposing amendments, but this method 
of amending the Constitution has never been used. 



184 HOW WE ARE GOVERNED IN THE NATION 

Now as a matter of fact, it is a very difficult matter to 
secure for any amendment a two-thirds majority of both 
houses of Congress and the consent of three-fourths of 
the States. It is, in consequence, very difficult to amend 
our Constitution. Except in some unusual emergency, it 
may be said to be almost impossible. Since the Consti- 
tution went into operation in 1789, more than two thousand 
amendments have been proposed in Congress. Most of 
them have failed to secure the necessary two-thirds vote, 
and nearly all of the others have been lost when they 
have been submitted to the States. Seventeen amendments, 
however, have been adopted. Let us see how these 
changes came to be made. 

138. Why the fifteen amendments were adopted. 1. The 
first ten amendments. At the time when the Constitution 
was being discussed in the different State conventions 
much fear was expressed that it did not contain sufficient 
restrictions upon the powers of the national government. 
The people were afraid that the new government might 
not be careful to protect their liberties. Several States, 
in adopting, proposed that certain amendments should 
be immediately passed for the purpose of protecting the 
people's liberties. In the first Congress which met under 
the new Constitution, these amendments received the 
necessary two-thirds vote in each house of Congress, and 
they were very quickly accepted by the States. They were 
added to the Constitution so early in its history that we 
may almost regard them as a part of the original Consti- 
tution. 

These ten amendments provide, among other things, 
for the protection of our freedom of speech and of the 
press, and our freedom of religion. They guarantee us 
the right of trial by jury in a fair and open court. They 



THE CONSTITUTION OF THE NATION 185 

prohibit the national government from imposing un- 
reasonably large fines or cruel and unusual punishments ; 
and they provide that our private property shall not be 
taken from us unless we are justly paid for it. These 
amendments protect us in certain of our rights against the 
powers of the national government only. It is important 
for you to remember that they clo not restrict the powers 
of the States. As we have already learned, it is by means 
of our State Constitution that we are protected in these 
liberties against the powers of our State government. 
(See pages 48, 101.) 

2. The eleventh amendment. In 1793, four years after 
the new government had been established, trouble arose 
between the State of Georgia and the government of 
the JJnited States over a suit that was brought against 
Georgia in the national courts. Georgia thought that the 
national government had no power to force any State to 
come before its courts. In order that the States might be 
protected against such suits, the eleventh amendment was 
passed. We shall refer later to the protection afforded 
the States by this amendment. (See page 237.) 

S. The twelfth amendment. The original method pro- 
vided in the Constitution for electing the President and 
Vice-President of the United States proved to be very awk- 
ward and unsatisfactory. You may recall that in the year 
1801 it produced serious trouble, and a bitter contest re- 
sulted before Thomas Jefferson finally triumphed over 
Aaron Burr. A few years after Jefferson's inauguration 
the twelfth amendment was passed by Congress and 
adopted by the necessary number of States. It provided 
for our present method of electing the President and 
Vice-President. (See page 218.) 



1 86 HOW WE ARE GOVERNED IN THE NATION 

4. The thirteenth, fourteenth, and fifteenth amendments. 
During the period of our history just after the War be- 
tween the States, three amendments were added to the Con- 
stitution. They were intended primarily to protect the re- 
cently freed negroes. (See pages 194, 195.) 

By the thirteenth amendment slavery was abolished. 

The fourteenth amendment provides, first of all, that "all 
persons born or naturalized (see page 172) in the United 
States are citizens of the United States and of the State 
in which they reside." This, of course, grants citizenship 
to the negroes. The amendment provides also that the 
States shall give to all persons equal protection of the laws, 
and guarantees that the national government will protect 
everybody, in his life, his liberty, and his property, against 
any unjust action on the part of the States. 

The fifteenth amendment declares that no State shall 
deprive any person of his right to vote because of his "race, 
color, or previous condition of servitude." 

5. The sixteenth and seventeenth amendments. Under the 
terms of the Constitution certain restrictions were placed 
upon Congress in the exercise of its taxing power. (See 
page 202.) One of these restrictions prevented Congress 
from imposing a tax upon the people based upon their 
incomes. In 1909 an amendment was proposed which re- 
moved this restriction. By 1913 this amendment, having 
been ratified by three-fourths of the States, was added to 
the Constitution as the sixteenth amendment. (See page 
200.) 

The seventeenth amendment, providing for the election 
of United States Senators by a direct vote of the people (see 
pages 208-210), was added to the Constitution in 1913. 

139. The importance of the Constitution. The Consti- 
tution as it now stands consists of the original text as it 



THE CONSTITUTION OF THE NATION 187 

came from the Convention of 1787 and the seventeen amend- 
ments which have been added. This Constitution is the 
supreme law of our land. The national government cannot 
pass any law or do any act which violates the Constitu- 
tion. In making their Constitutions and laws, the States 
are likewise bound to respect ajid obey the terms of the 
national Constitution. 

We must bear always in mind that the Constitution did 
not attempt to set up a complete government. The State 
governments were already in existence, and they continued 
to exist. They regulate our daily lives in many more im- 
portant ways than does the national government. We . 
have seen, for instance, in how many ways the govern- 
ment of our own State provides for our protection, as- 
sistance, and welfare. The government of our nation un- 
dertakes, as we have seen, to provide only those things 
which are for the common interest of the people in all 
the States. As we go on, we shall see how the national 
government is supported and how it is organized. 

Mr. Gladstone, the great English statesman, once made 
the remark that the Constitution of the United States is 
the greatest work ever struck off at any one time by the 
mind and purpose of man. When we pause to think that 
it has, with few changes, stoqd the test of more than a 
century, we are indeed impressed with the marvelous 
greatness of the work of the Convention which framed it. 
in 1789 the Constitution provided a national government 
for a straggling line of States along the Atlantic seaboard 
with a population of only a few millions. Today it pro- 
vides for the government of a mighty nation, stretching 
over a vast continent from coast to coast and extending 
its arms to the islands of the far seas — a nation with a 
population of more than one hundred millions of people. 



1 88 HOW WE ARE GOVERNED IN THE NATION 



QUESTIONS FOR CLASS DISCUSSION 

1. Explain why the American colonies were forced to unite in 
their struggle against the mother country. What were the Articles 
of Confederation? When and why were they drawn up? How 
were they adopted? Explain why the government established 
under the Articles of Confederation proved to be a failure. 

2. What was the Constitutional Convention of 1787? When, 
where, and why did it assemble? What was the result of the 
work of this Convention? Do you regard this Convention as the 
most important assembly in our history? Why? 

3. How was the Constitution ratified? How many States were 
required to ratify before the Constitution went into effect? Why 
did the Constitution meet with opposition? When was the new 
government set in motion? 

4. How many States existed when the Constitution was framed? 
How many States exist today? Explain how the United States 
gradually "grew" to its present size? How are States admitted 
to the Union? Why are they admitted? When was Alabama 
admitted? Has Alabama the same powers and duties as Pennsyl- 
vania or Georgia? 

5. Explain how the Constitution may be amended. Is it difficult 
to amend our Constitution? Do you regard this as an advantage or 
a disadvantage? 

6. How many amendments have been passed? Explain how and 
when the first ten amendments came to be adopted. Why was the 
eleventh amendment adopted? The twelfth? 

7. What amendments were adopted after the War between the 
States? What are some of the things provided for in these amend- 
ments ? 

8. Does the Constitution provide a complete form of government 
for us? Why? What do you think of the importance of the Con- 
stitution? 



CHAPTER XIX 

THE NATION AND THE STATES 

140. Our responsibility to two governments. We have 
now learned that, in addition to the government of our 
State, there is a government of our nation established 
over the entire Union of which our State is a part. And 
we have seen that our national government is organized 
under the Constitution which was framed by the Conven- 
tion of 1787. All of us, therefore, are subject not only 
to the government of our State, but also to the govern- 
ment of our nation. Each of these governments makes 
its own laws and has its own officers to carry them out. 
To each of them we owe loyalty and obedience, for each 
in its own way helps to promote our safety, peace, and 
happiness. 

Now it may be difficult for you to understand how we 
can be responsible to two governments at the same time. 
How can we be governed by two distinct groups of 
officers? You must understand that our national and 
State governments are not independent in the same way 
that the governments of France and Germany, for in- 
stance, are independent of each other. On the contrary, 
each is dependent upon the other. Our State govern- 
ment could not exist alone, for it does not provide for 
maintaining an army and navy, for the regulation of foreign 
affairs, the making of treaties, the coining of money, and 
many other things that are controlled by the government 
of the nation. Nor could our national government exist 

189 



1 90 HOW WE ARE GOVERNED IN THE NATION 

without the States, for it does not provide in general for 
the punishment of crimes, the regulation of property, the 
building of roads, the support of schools, the protection of 
health, and many other things undertaken by the State 
governments. 

In one sense, however, the national government is in- 
dependent of the States, and the States are independent of 
the national government. All the powers usually exercised 
by a national government are in the United States divided 
between the States and the nation ; and neither can exercise 
the powers belonging properly to the other. Let us see 
how this division of powers is made. 

141. What the national government may and may not do. 
The Constitution of the United States declares exactly 
what powers the national government may exercise. We 
have already learned in general what these powers are. 
When Congress wishes to pass a law on any subject, it 
must first of all find its authority to do so in the Constitu- 
tion. Otherwise the law is said to be "unconstitutional, " 
which means that it is no law at all. We are not obliged 
to obey those laws which, under the Constitution, Congress 
has no power to enact. You must not think, however, that 
each of us can determine these matters for himself — 
that we may obey or disobey the laws of Congress as 
we choose. Neither is our State permitted to decide such 
matters for us. As we shall see, the Constitution provides 
a means by which we may be protected, whenever Con- 
gress attempts to pass an "unconstitutional" law. (See 
page 2 $7.) 

You must not understand that the national government 
has only those powers which are in so many words laid 
down in the Constitution. Comparatively few powers are 
pxpressly or directly given to the national government 



THE NATION AND THE STATES 191 

by the Constitution. Almost from the beginning Congress 
found it necessary to exercise other powers which are only 
indirectly given, or as we say, implied in the Constitution. 

Perhaps you will best- understand this by an illustration. In 
1803, when Thomas Jefferson was President of the United States, 
the territory of Louisiana was purchased from France by the 
government of the United States. This territory was a most im- 
portant acquisition for our country, contributing no little to our 
wonderful development as a nation. Now the Constitution does 
not expressly give to the government of the United States the 
power, to acquire territory. But it does give that government th^ 
power to make treaties. It was held, therefore, that since the 
national government had this power, it cOuld make a treaty by 
which territory might be added to our country. The power to 
acquire territory is said to be implied in the power to make treaties. 
This is only one illustration of how the national government exer- 
cises powers that are not directly given to it by the Constitution, 
but are only implied in the grant of other powers. 

The national government may not exercise any power 
which is neither directly nor indirectly granted to it by 
the Constitution. It may not, for instance, make laws 
for the punishment of crimes like murder and robbery ; or 
for the general regulation of property and business. These 
and many other powers the Constitution does not give 
to the government of the nation. 

142. What the States may do. In general it may be said 
that the States may exercise all the powers not given over 
to the national government by the Constitution of the 
United States, although, as we shall see (see page 194), there 
are a few exceptions to this. As we have learned from 
the study of our own State government, the powers re- 
served to the States are not only numerous and varied, but 
they are of tremendous importance. The States may 
not, however, interfere with those things which are 



192 HOW WE ARE GOVERNED IN THE NATION 

properly undertaken by the government of the nation. 
They may not, for example, make treaties with foreign 
nations, or maintain an army and a navy, or coin money. 
With very few exceptions the powers which by the Con- 
stitution of the United States are given to the government 
of the nation are taken entirely away from the control of 
the States. 

Thus we see that the division of the powers between 
the nation and the States is provided for by the national 
Constitution. This Constitution gives to the national 
government control over those things which are of interest 
to the people of the nation as a whole ; it expressly says 
that all other powers are reserved to the States. It is of 
great importance that we should bear in mind this division 
of powers. It is the fundamental principle of our gov- 
ernment, which is called on account of it a federal system 
of government. 

143. How the national government is restricted by the 
Constitution. The most important restriction placed upon 
the national government is, as we have just learned, that it 
can exercise only the powers which are granted to it by the 
Constitution. In addition to this, however, a number of 
other restrictions are placed by the Constitution upon the 
powers of the central government. It will not be neces- 
sary for us to enumerate the entire list of these express re- 
strictions ; it will be sufficient if we get some general idea 
of their character and importance. 

As the Constitution came from the hands of the Conven- 
tion of 1787, it contained a number of prohibitions upon 
the powers of Congress. For example, after an individual 
has committed an act, Congress is forbidden to pass any 
law providing for his punishment. If the act of an indi- 
vidual is not a crime when it is committed. Congress has 






THE NATION AND THE STATES 



193 



no power afterward to make it a crime. 1 Congress may 
of course, provide for the punishment of similar acts in the 
future. When a person is arrested for an offense against 
the laws of the United States, he cannot be kept in prison 
indefinitely awaiting his trial. The national government 
cannot deny *him the privilege of being taken before some 
officer of the law and shown the reason for his being held 3 
The United States government is also forbidden to grant 
any title of nobility, like the titles given in most European 
countries. Moreover, very important restrictions are 
placed upon the powers of Congress in the levying of taxes. 
(See pages 202, 203.) 

It is in the first ten amendments, however, that we find 
most of the prohibitions upon the powers of the national 
government. These amendments, as we have learned 
(see page 183), were adopted because the States feared that 
the government created by the new Constitution might 
not respect the liberties of the people. Among other 
things they protect our freedom of speech and the press, 
and our freedom of religion. (See pages 48 to 51.) They 
provide that when a person is accused of crime against the 
laws of the nation, he shall be indicted by a grand jury 
(see page 130), and shall be tried by a jury in a fair and 
open court, with the right to have his witnesses and a law- 
yer to defend him. (See pages 25, 48, 129, 130.) They 
provide, too, that our private property shall not be taken 
from us by the national government without a just com- 
pensation (see page 44) ; and that civil suits — that is, suits 

l A law providing for the punishment of a crime already com- 
mitted is called an ex post facto law. Congress may not pass any 
ex post facto law. 

2 Thi* is called the privilege of the writ of habeas corpus. Our 
State Constitution also provides that this privilege shall not be de- 
nied to a person arrested for an offense against the laws of the 
State. See page 25. 



194 H OW WE ARE GOVERNED IN THE NATION 

over property, debts, and the like — in which the amount 
exceeds twenty dollars shall also be tried by a jury. 

These are not all the restrictions placed upon the powers 
of the national government ; but they are sufficient to illus- 
trate how the national Constitution protects our lives, our 
liberties, and our property from any tyranny on the part of 
the officers of the national government. Similar restric- 
tions, as we have learned, are placed upon the powers of 
our State government by the Constitution of the State of 
Alabama. (See page 101.) Thus we are protected in our 
life, liberty, and property against both of the governments 
to which we owe loyalty and obedience. 

144. How the States are restricted by the national Con- 
stitution. The most important restriction upon the pow- 
ers of the States is that they may not usually exercise the 
powers given to the government of the nation. In addi- 
tion to this, the Constitution contains a few other prohibi- 
tions upon the powers of the States. For example, when 
legal agreements, or contracts as they are called, have been 
made in any State, no law can be passed by that State to 
render these contracts less binding upon the parties who 
have made them. The States also are forbidden to pass 
any law providing for the punishment of an individual for 
an act which he has already committed. (See page 193.) 
Nor can the States make agreements with one another, or 
with a foreign government ; nor maintain an army and 
navy ; nor grant a title of nobility ; nor coin money. 

The thirteenth, fourteenth, and fifteenth amendments 
also placed additional restrictions upon the powers of the 
States. They prohibit the States from re-establishing 
slavery, and from depriving any person of the right to vote 
because of his "race, color, or previous condition of 
servitude." The fourteenth amendment declares that no 



THE NATION AND THE STATES 195 

State shall " deprive any person of life, liberty, or property, 
without due process of law ; nor deny to any person within 
its jurisdiction the equal protection of the laws." The 
meaning of this sweeping declaration has never been defi- 
nitely determined. It was intended primarily to protect 
the negro race ; but it has actually been- used much more 
frequently to protect corporations and others within the 
States from the operation of certain State laws. This 
whole question is very complicated ; it belongs more prop- 
erly to the study of law. Any attempt to explain it in 
our elementary study of government would only confuse 
us. 

145. How our territories and other possessions are gov- 
erned. We have now learned how the powers of govern- 
ment are divided between the States and the nation, and 
how both are restricted by the national Constitution in the 
interest of the people's liberties and protection. We must 
remember, how T ever, that there are parts of the United 
State which are not organized as States. There are, 
you must remember, the territories of Alaska and Hawaii ; 
there are the Philippine Islands, Porto Rico, and a few 
other islands of less importance ; and there is the District 
of Columbia. These territories and possessions occupy in 
our system of government a place entirely different from 
that of the States. They do not, like the States, enjoy 
any pow r ers independent of the national government. The 
Constitution gives Congress the power to determine how 
each of them shall be governed. Congress has, indeed, given 
large self-government to one territory, having organized 
Hawaii on a plan similar to that of the State governments ; 
but Congress has the power to change this plan at any 
time — a power which it could not exercise over any State. 
Alaska is governed by officials appointed by the President 






196 HOW WE ARE GOVERMti. IN THE NATION 

and the Senate. Congress has also provided by law special 
governments for Porto Rico and the Philippine Islands. 



QUESTIONS FOR CLASS DISCUSSION 

1. Could our national government make laws for the regulation 
of the school system of Alabama? For the management of trolley 
lines in Alabama? For the regulation of the sale of liquors in 
Alabama? Could it provide fire departments, sewer systems, 
electric lights, and street pavements for our cities? Pv whom are 
these things controlled? Why? 

2. Could the State of Alabama maintain an army? A navy? A 
postal system? Could it build forts? Mdte treaties? Coin 
money? Issue paper money? By whom are these things con- 
trolled? Why? 

3. Explain, then, what we mean when we say that our national 
government and our State governments are independent of each 
other. How is this independence secured? Who made the divi- 
sion of powers between the States and the national government? 
How was the division made? Are the States and the national 
government independent of each othe.~ in the same way that Great 
Britain and Italy are independent? !2xplsin the difference. 

4. Could the State of Alabama exist und^.r its present Constitu- 
tion without the national government? Why? Could the national 
government exist without the States? W T hy? Explain, then, 
what we mean when we say that the States and the national 
government are dependent on each other. 

5. What is meant by a federal system of government? 

6. What is meant by the express powers of the national govern- 
ment? The implied powers? The national government once built 
a post-road through Maryland; the national government has no 
express power to build roads; how, then, could the government 
build this post-road? Under what power did our national govern- 
ment acquire the Philippine Islands? 

7. What is meant by the "reserved" powers? Who exercises 
these powers? 

8. Can our national government restrict our liberty in any way 
that it chooses? How is it prevented? Can it, for instance, re- 



THE NATION AND THE STATES 197 

strict our freedom of speech? Can it prescribe what church you 
shall attend? Or make you contribute to the support of some 
church ? Why ? 

9. After you have committed some act, can the national govern- 
ment pass a law for your punishment? Why? Suppose you are 
arrested for some offense against the laws of the nation, can you 
be kept in prison indefinitely awaiting, your trial? At your trial 
what rights would you have? How are these rights secured to 
you? Why were the first ten amendments to the Constitution 
passed? 

10. Does the national Constitution place any restrictions on the 
powers of the States? Mention some of these restrictions. 



CHAPTER XX 

HOW THE NATIONAL GOVERNMENT IS 
SUPPORTED 

146. The necessity for national taxation. Just as our 
State and local governments find it necessary to raise a 
large amount of money for their support (see chapter VII), 
so our national government must have a revenue in order 
to maintain the many important services which it under- 
takes. For one of these services, the postal system, we 
indeed pay the government directly; but even in this 
department of its work, the government yearly expends 
more than it collects from the sale of stamps. (See page 
78.) Most of the other enterprises of the national govern- 
ment are undertaken at enormous expense. There must 
be money for the support of the army and navy, and for 
constructing defences along the coasts ; for the erection at 
Washington of handsome national buildings, such as the 
Capitol, the White House, the Library of Congress, and 
the buildings occupied by the various departments of the 
government. Courts must be maintained throughout the 
land. Salaries must be paid to the President and Vice- 
President, the members of Congress, the judges of the 
courts, the heads of departments, to our diplomatic repre- 
sentatives abroad, and to thousands of less important 
officials engaged in carrying on the work of the national 
government. 

By the national Constitution the government of the 
United States is given the power to raise its revenue 

198 



NATIONAL TAXATION 199 

directly, free from any assistance or hindrance on the part of 
the States. There are two principal sources from which 
the national government has usually secured the revenue 
which it needs. Let us see what these sources are. 

147. Duties placed on imports. Almost from the be- 
ginning of our history as a nation, Congress has laid 
duties on imports from foreign countries into the United 
States. At first these duties were small, but today they 
are very large. The revenue which the national govern- 
ment collects annually from these customs duties, as they 
are called, has often amounted to more than two hundred 
and fifty millions of dollars. 

Apparently it is the importer of these goods from 
foreign countries who pays the duties on them when they 
are unloaded at any port of the United States. In 
reality, however, the importer adds the amount of the 
duty to the price charged for his goods. We our- 
selves actually pay the duty in the increased price of 
gloves, silks, laces, woolen goods, and hundreds of other 
articles we buy in the shops. This makes the burden of 
the customs duties much lighter, .for people do not realize 
that they are paying these duties as a part of the price of 
many articles bought in the shops. We ordinarily call 
such a tax as this an indirect tax. As you can easily un- 
derstand, it is much less difficult to collect an indirect tax 
than a direct tax, since those who purchase the goods and 
in reality bear the tax do not pay it to any officer of the 
government. 

For the collection of the customs duties the national 
government has established customs houses in all the sea- 
ports and border towns of the United States. The collec- 
tion is placed under control of the Treasury Department. 



200 HOW WE ARE GOVERNED IN THE NATION 

You may not fully understand why the national government has 
chosen to raise a large part of its revenue by placing high duties on 
imports. Many of these imports consist of articles manufactured 
abroad. In most cases these articles can be manufactured just as 
well in our own country, although they can be manufactured abroad 
more cheaply. By imposing large duties upon them these foreign 
articles are made more expensive. Thus, you see, our home manu- 
facturers are encouraged and promoted. These high duties on im- 
ports are known as a- protective tariff, because they "protect" our 
home industries from articles made more cheaply abroad; 

Many people in our country believe that the tariff should be kept 
high. Others believe that it ought to be low. The Democratic party 
has in general favored a low tariff, believing that it is, after all, the 
poorer people who indirectly bear the burden of high duties. 

147. Income taxes. Our national government is enor- 
mously expensive. It spends annually about $1,000,000.00^ 
Now if the customs duties are greatly lowered, the revenue 
of the government from this source will naturally be de- 
creased, and some other kind of tax must be imposed to 
make up the difference. In 1913 the Democratic party in 
Congress greatly lowered the then existing duties on im- 
ports. On many articles the duty was removed entirely. 
In order to make up for the resulting loss of revenue, they 
levied, under the authority of the sixteenth amendment (see 
page 186), what is known as an income tax. This is a tax' 
imposed on all persons and corporations in the country and 
based upon the amount of their annual incomes. However, 
those whose incomes are less than a few thousand dollars 
are not required to pay this tax. Many people believe that 
this is the most just form of taxation possible, since a 
person's income is the best test of his ability to pay. 

148. Excise taxes, or internal revenue. The national 
government secures a large revenue from one other im- 
portant source. In accordance with the power granted by 
the Constitution, Congress has from the beginning laid 



NATIONAL TAXATION 201 

taxes upon the manufacture of certain articles within the 
United States. These taxes are known as excise taxes. 
From this source the national government secures a 
revenue which in some years has even exceeded by many 
millions the enormous revenue from the customs duties. 
The money raised by the excise taxes • is known as the 
internal revenue, for, unlike the duties on imports, these 
taxes are laid on goods made within the United States. 

The principal manufactures upon which excise taxes are 
laid are spirituous liquors and tobacco. You may perhaps 
have noticed on cigar-boxes that there is always a green 
stamp so placed that the box cannot be opened without 
breaking and thus destroying the stamp. This stamp re- 
presents the excise tax that has been placed upon the 
manufacture of the cigars. Excises are imposed upon the 
manufacture of liquors and tobacco for two purposes. In 
the first place, they bring in a large revenue to the gov- 
ernment : and in the second place, they raise the price and 
thus decrease the sale of two articles which are recognized 
generally to be hurtful to health and morals of the people 
of the country. 

Like the customs duties, excise taxes also are indirect 
taxes. They are not borne by the manufacturer who pays 
them to the officer of the government. To the price of 
his liquors or tobacco the manufacturer adds the amount 
of the excise tax, and the purchaser pays the tax in the 
increased price of these articles when he buys them in 
the shops. 

149. National and State taxation. Customs duties, income, 
and excise taxes are not the only forms of taxation which 
the national government may adopt : but ordinarilv they 
are the only forms employed. In times of war. when the 
United States government, in order to carry on the war. 



202 HOW WE ARE GOVERNED IN THE NATION 

has needed large additions to its revenue, taxes have been 
imposed on many other things. During the Spanish- 
American War, for example, stamp taxes were imposed on 
bank checks, freight bills, Pullman tickets, and other 
things, but these were withdrawn as soon as possible after 
the war. 

The States are by the Constitution forbidden to lay any 
duties on imports. 1 Nor do the States as a rule lay excise 
taxes upon the manufacture of liquor and tobacco, 
although they might lay such taxes if they wished to do 
so. Thus you see that the States do not interfere with 
the two chief sources of the national revenue — the cus- 
toms and the excises. A few States do levy income taxes. 

On the other hand, the national government does not 
ordinarily lay taxes on real estate, personal and business 
property, franchises ; nor does it impose poll-taxes ; and only 
in rare instances license taxes. These, as we have seen 
(see chapter VII), are the chief sources of our State and 
local revenues. We see, therefore, that the methods by 
which the government of the nation and the governments 
of the States secure their respective revenues are usually 
quite distinct. This has its advantages, for if taxes were 
laid by both governments on the same things, it might 
result sometimes in excessive taxation. 

150. The principles of national taxation. In the exercise 
of its taxing power, the Constitution places two important 
restrictions upon the national government. In the first 
place, direct taxes must he apportioned among the States 
according to their population. The result of this restriction 
is that Congress has seldom attempted to levy a direct 

1 Both the States and the national government are prohibited from 
laying duties on exports from the United States. 



.NATIONAL TAXATION 203 

tax. It is far too difficult to apportion such a tax among 
the States. For example, suppose Congress should at- 
tempt to lay a tax on land. This would be a direct tax, . 
for the owner of the land would himself bear the tax. 
This tax would have to be distributed among the forty- 
eight States according to their population. It would re- 
quire a different rate of taxation in each of the States and 
an army of officers to superintend its collection. 

The second principle of taxation required by the Con- 
stitution is that "atl duties, imposts, and excises shall be 
uniform throughout the United States/' This means that 
Congress may not levy a duty on imports brought into 
Xew York and refuse to levy the same duty on similar 
imports brought into Mobile or San Francisco. Xo pre- 
ference can be given to the ports of one State over those of 
another. Xor may Congress impose an excise tax on one 
manufacturer of liquors or tobacco and refuse to impose a 
like excise on another manufacturer of similiar articles. 

151. Who controls the nation's finances. The Constitution 
provides that Congress alone shall have the power to levy 
taxes; and Congress, as we shall see (see page 207), is 
composed of representatives of the people chosen in the 
several States of the Union. Moreover, tax bills must 
be proposed in the lower house of Congress, which, until 
recently, represented the people far more directly than did 
the upper house. It is a great protection to the people 
under any government, if taxes can be imposed upon them 
only by their representatives to w r hom they have given 
this power. 

Congress must also provide for expending the money 
raised by taxation. X^o officer of the government may 
pay out any portion of the public funds unless he receives 



204 HOW WE ARE GOVERNED IN THE NATION 

his authority to do so by an act of the national legislature. 
Bills which provide for expending the money of the nation 
are known as "appropriation bills. " 

QUESTIONS FOR CLASS DISCUSSION 

1. Who is the postmaster at your post-office? Who pays him for 
his services? Is there a rural free delivery in your community? 
Who pays the carrier for his services? How is postal service sup- 
ported? 

2. Who pays for the support of our army? For the building of 
our battleships? For the construction of coast defences, like 

Forf ^Morgan and Fort Gaines ? Who pays the salaries of the 
President, the members of Congress, our diplomatic representa- 
tives, and all the other officers of the national government? 
Mention other services undertaken by the United States govern- 
ment which require large expenditures of money. How is this 
money secured? Explain, then, how we as a people are benefited 
by the taxes paid to the national government. 

3. Find out from your father whether he pays any taxes directly 
to the national government. 

4. What are imports? Suppose an importer buys gloves in Lon- 
don for one dollar a pair and pays on each pair imported to the 
United States a duty of sixty cents; what would these gloves prob- 
ably sell for in American shops? Suppose you buy a pair of them, 
who pays the duty of sixty cents? Do you realize that you are 
paying it? Do you pay it directly to the government? W r ho pays 
it to the government collector? What kind of tax is this called, 
and why? 

5. Why does the United States government place large duties en 
imports? Why is this called a "protective tariff"? Explain fully 
how our protective tariff encourages home manufactures. 

6. Have |you ever seen a government stamp on a cigar box? 
How is this stamp placed, and what does it mean? On the manu- 
facture of what article besides tobacco are excise taxes levied? 
Why does the national government place taxes on the manufacture 
of these articles? 

7. Suppose it costs a manufacturer two dollars to make a box of 
cigars, and suppose the United States government places an ex- 



NATIONAL TAXATION 205 

cise tax of fifty cents on each box that he makes ; what would this 
box probably sell for in the shops? Who pays the tax of fifty 
cents? What kind of tax is this called, and why? 

8. Explain how our national government and our State govern- 
ment secure their revenues from different sources. What is the 
advantages of this? 

9. What are the two great principles of national taxation? What 
difficulty would the government of the United States meet if it 
laid a tax on real estate? Suppose a New York importer pays a 
duty of $3 a yard on lace worth $5 a yard ; what duty will a 
Mobile importer pay for the same lace? 

10. Who has the power to impose these duties and taxes? Who 
provides for expending the money that is raised by these means? 

11. What is an income tax? 



CHAPTER XXI 

HOW THE NATIONAL LAWS ARE MADE " 

152. The two houses of Congress. During the brief period 
of our history when the thirteen original States were 
governed under the Articles of Confederation, the laws 
of the nation were made by a Congress consisting of a 
single body. Our national Constitution, which was adopted 
in 1789, provides for a legislature composed of two houses, 
one of which is known as the House of Representatives and 
the other as the Senate. In order for any measure to be- 
come a law, it must be passed by both of these houses 
of Congress. Thus the makers of our Constitution sought 
to prevent laws from being made without due care and 
deliberation. 1 

153. How the States are represented in Congress. In the 
Congress that existed during the period of Confederation, 
each State was entitled to cast only one vote, without re- 
gard to its population or the number of representatives 
that it had in Congress. As a result of this, the small 
State of Delaware had as much power in making the laws 
ci the nation as Virginia, which was then the largest State 
of the Union. At the time of the framing of our present 
Constitution, the smaller States wished to continue this 
equal representation of the States in Congress. The large 
States, however, wanted the States to be represented in 

x The framers of the Constitution were influenced by the fact that 
the British Parliament, which is ^he law-making body of Great 
Britain, consists of two houses, while most of the colonial legisla- 
tures had likewise been composed of an upper and a lower house. 

206 



HOW THE NATIONAL LAWS ARE MADE 207 

proportion to their population, for this would increase their 
power in the national legislature. When it was decided 
that Congress should consist of tw T o houses, the difficulty 
was readily overcome; the large States were given w T hat 
they desired in one house and the small States in the other.- 
It was provided that in the House of Representatives each 
State should be represented according to its population ; in 
the upper house each State was given the same number of 
senators. 

1. The House of Representatives. Each State is by the 
Constitution permitted to choose members for the House 
of Representatives in proportion to its population. 1 For 
the purpose of electing congressmen — as members of the 
House of Representatives are usually called — each State 
is divided into congressional districts, and one congressman 
is elected by the voters of each district. At present Ala- 
bama has -a population which entitles the State to ten con- 
gressmen. There are, therefore, ten congressional districts 
in Alabama. Before 1912 Alabama had only nine congress- 
men, but in that year Congress allowed the State one addi- 
tional congressman. This congressman was, in November 
1912, elected "at large" — that is, by the voters of the whole 
State — for up to that time the State Legislature had not 
created the tenth congressional district. 

As we have already noted (see page 107), provision is 
made in the Constitution for ascertaining the number of 
people in each State by taking a census every ten years. 
After each new census Congress has to determine how 
many representatives each State is to have in accordance 
with the new record of its population. This is called 

'Before the abolition of slavery every five slaves were counted as 
three whites in determining the population of the slave States. 



208 HOW WE ARE GOVERNED IN THE NATION 

reapportioning the representation of the States. At this 
time some States are given additional representatives be- 
cause of their large increase of population since the pre- 
ceding census. Moreover, a State may, in the reappor- 
tionment, be deprived of one or more of its representatives, 
but in practice this is usually avoided. 

At present each congressman is elected by a population 
of more than two hundred thousand people. But if a small 
State has less than this population, it must be given at least 
one representative. The Constitution does not place any 
limit upon the size of the House of Representatives. At 
present it numbers four hundred and thirty-five members. 

2. The Senate. In the United States Senate each State, 
without regard to its population, is entitled to two senators. 
The result is that Nevada, with a population of eighty-onel 
thousand, has the same representation in the Senate as the 
State of New York with a population of more than nine 
millions. 

The Constitution did not provide for the election of Sena- 
tors by a vote of the people ; it provided that they should be 
chosen by the legislatures of the various States. There 
were many disadvantages in choosing Senators in this man- 
ner. The position of Senator is usually much sought after, 
for it carries with it great dignity and influence. In conse- 
quence the members of our State legislatures were often 
chosen solely with reference to how they would vote on the 
choice of the United States Senator. Our State law-makers 
ought to be chosen wholly with reference to their ability to 
make proper laws for the State. Moreover, it not infre- 
quently happened that the members of a State legislature 
were unable for many days to agree on the choice of a 
United States Senator. The result was that the business of 
making laws for the State was seriously delayed and much 



2io HOW WE ARE GOVERNED IN THE NATION 

bitter feeling was enkindled. On several occasions in this 
or that State it was even disclosed that the friends of certain 
candidates had corrupted the members of the legislature by 
buying their votes. 

For many years efforts were made to change this method 
of electing United States Senators. This necessitated, how- 
ever, an amendment to the national Constitution; and, as 
we have seen (see page 184), it is no easy matter to pass 
such amendments. Finally, on May 12, 1912, an amend- 
ment providing that Senators should be elected by a vote 
of the people of the several States passed both houses of 
Congress by the necessary two-thirds vote. This amend- 
ment was forthwith sent to the State legislatures. Within 
one year it had been ratified by the legislatures in three- 
fourths of the States; and in May 1913 it was added to the 
Constitution, as the seventeenth amendment. 

This simply means that no United States Senator can 
ever again be chosen by a State legislature. He must be 
elected by the voters of his State. On Tuesday following 
the first Monday in November of every even-numbered year 
(that is, in 1914, 1916, 1918, etc.) are held in all the States 
of the Union what is known as the general elections. At 
this time Congressmen are elected, and once in four years 
presidential electors (see pages 218, 219) are chosen. In 
most of the States the Governor and other State officers 
(see page 118), the members of the State legislature (see 
page 108), and county officers (see pages 134-136) are 
elected at the same time. Congress has now provided that 
whenever the term of office of a United States Senator is 
about to expire, a Senator shall be chosen in the State which 
he represents at these general November elections. Thus 
the term of one of Alabama's Senators expires March 3, 
1915; the other expires March 3, 1919. A senatorial dec- 



HOW THE NATIONAL LAWS ARE MADE 21 1 

tion must, therefore, be held in this State in November 1914, 
and another in November 1918. 

154. The term of office of members of Congress. Mem- 
bers of the House of Representatives are chosen every 
two years in November. Each representative, therefore, 
serves for a term of two years. If he returns to Congress 
for another term, he must be re-elected by the voters of his 
district. Representatives are sometimes re-elected for 
many terms. In some instances the same congressman 
has been chosen continuously by his district for twelve or 
fifteen terms. 

A senator holds his seat for six years. Unlike the House 
of Representatives, the entire Senate is not renewed at the 
end of the senatorial term. Instead of the whole number 
of senators being chosen every six years, one-third of 
them are chosen every two years. By this means it is 
impossible for more than a third of the Senate to con- 
sist of new members, for the other two-thirds always hold 
their positions over from one session of Congress to 
another. Moreover, many of the Senators are re-elected 
at the end of their terms of office. The Senate, in con- 
sequence, consists of a body of men most of whom have ' 
held their seats for a long period of time. This gives 
a permanence of character to the Senate which the House 
of Representatives lacks because of the many changes that 
are made every two years. 

155. Who may be chosen members of Congress. The Con- 
stitution requires that senators and representatives shall 
be citizens of the United States and inhabitants of the 
State from which they are chosen. Senators must be at 
least thirty years old and congressmen at least twenty-five 
years old. Usually, too, a congressman must reside in 



212 HOW WE ARE GOVERNED IN THE NATION 

the district in which he is elected, although this is not re- 
quired by the Constitution. 

In general only men of intelligence and high character 
are chosen to be members of the national Congress. Nearly 
always a majority of them are lawyers of ability. As you 
may imagine, the longer a congressman or senator holds his 
seat in Congress the more influential he becomes. Ordi- 
narily a representative who holds office for a single term of 
two years and is not re-elected does not wield a large amount 
of influence in the law-making body of the nation. 

156. How Congress is organized. Each house of Con- 
gress has the power to determine how it shall be organized 
for business, and whether those who claim to be mem- 
bers have been properly chosen. Each house elects its 
own officers, with the single exception that the Vice-Presi- 
dent of the United States must be the presiding officer of 
the Senate. 

The House of Representatives chooses for its presiding 
officer one of its own members. This officer is called the 
Speaker. He is not mentioned in the national Constitu- 
tion; but owing to the powers which have been given him 
by the House, the Speaker is one of the most powerful 
officers of the national government next to the President 
of the United States. He is usually the strongest man in 
the political party which has elected a majority of the mem- 
bers of the House. He has the power to refuse to consider 
a motion which may be offered simply for the purpose of 
delaying the business of the House. He has the power 
also to recognize or refuse to recognize any member of the 
House who desires to make a motion. He can thus give 
preference to those whom he wishes to hear and can often 
prevent his opponents from being heard before the House, 
Moreover, he has such control oyer the order of business 



HOW THE NATIONAL LAWS ARE MADE 213 

in the House that he can sometimes "kill" a proposed meas- 
ure by refusing to let it come to a vote. Before 1910 the 
Speaker enjoyed even larger powers than those here men- 
tioned ; but great opposition arose to this, and some of his 
powers were taken aw r ay. You see, however, that he is 
still a very commanding figure in the House of Represen- 
tatives. 

157. The committee system in Congress. If you have 
ever visited the House of Representatives during a session 
of Congress, you must have been impressed by the general 
noise and disorder that prevails. It seems almost as if no 
business at all is being transacted. Many of the members 
are absent from their seats. Those who are present are 
frequently reading newspapers or walking about, or con- 
versing with one another. Usually some member is speak- 
ing, but scarcely anybody is listening to him. It is only 
upon exceptional occasions that all the members are in their 
seats giving close attention to the speeches that are being 
made. How is it, you ask, that so many important measures 
can be passed by this House under such circumstances ? It 
is because the real business of the House is being carried on 
in the committee rooms. 

When a new Congress comes together, its first duty is to 
elect a speaker and a large number of standing committees. 
Each of these committees has for its consideration meas- 
ures that relate to one particular branch of the national 
government's work. Every member of the House of Rep- 
resentatives is more than eager to have himself elected 
as a member of some important committee ; for it is in the 
committee room that a congressman does his real work 
and becomes a power in making the laws of the nation. The 
majority party ahvays elects the chairman and a majority 
of each committee from among its own members. 



214 



HOW WE ARE GOVERNED IN THE NATION 



In the Senate the members of the various standing com- 
mittees are likewise elected by a vote of the Senate itself. 
Here, too, the majority of each committee are usually 
members of the leading political party. 

158. How a measure becomes a law. At each session of 
Congress an enormous number of measures are introduced 
in each house. As a matter of fact, not one in ten of these 
measures ever becomes a law. If each member were per- 
mitted to introduce any measure that he chose and have 
it immediately debated before the house, almost nothing 




New Office Building of the House of Representatives 



would be accomplished. Hence the committee system 
has been adopted. When a measure is introduced by any 
member, it is referred at once to an appropriate commit- 
tee. The committee considers the proposition carefully 
and perhaps revises it. Later the committee reports the 
measure to the house in which it was introduced, and ad- 
vises that it be enacted or rejected. Important bills, after 
they have been reported by a committee, are discussed 
in the house, and frequently they are changed, or amended 
as it is called. Ordinarily, however, the house relies 



HOW THE NATIONAL LAWS ARE MADE 215 

largely upon the report of the committee and passes or 
rejects the bill according to its recommendation. 

This method of handling the business of Congress by 
means of committees makes it possible for a large number 
of bills to be considered. More than two thousand -have 
sometimes been passed by a single Congress, and probably 
ten times that number of measures are proposed and re- 
ferred to the various committees. It must be remembered, 
however, that when any bill is passed through either house 
of Congress, it must go through a similar process in the 
other house, and later it must be submitted to the Presi- 
dent for his signature. (See page 221.) 

159. The meetings of Congress. Every year, on the first 
Monday in December, Congress comes together. The 
election of members to the House of Representatives takes 
place all over the United States in November of the even- 
numbered years. In theory each Congress begins its life 
on the fourth of March following this election and re- 
mains in existence for two years. In practice Congress 
usually comes together in December of the next year and 
continues in session until some time during the spring, 
adjourning usually in June or July. This first session of 
every newly elected Congress begins, therefore, in De- 
cember of the odd-numbered years and is known as its 
long session. The second and last session of every Con- 
gress begins in December of the even-numbered years 
and comes to an end on the third of March following. 
This is known as its short session. 1 In addition to these 
regular sessions, extra sessions are sometimes called by 
the President of the United States. 

*To illustrate : The members of the Sixtieth Congress were 
elected in November, 1906. This Congress assembled for its first, 
or long, session in December, 1907. Early in June, 1908 this ses- 
sion adjourned. The second, or short, session of the Sixtieth Con- 
gress began in December, 1908, and came to an end March 3, 1909 



2i6 HOW WE ARE GOVERNED IN THE NATION 

Congress meets in the national Capitol, a magnificent 
structure located in the city of Washington. In the north 
wing of this building is the chamber of the Senate ; in 
the south wing, that of the House ,of Representatives. In 
recent years the Capitol was thought to be too small to 
accommodate the members of Congress and its numerous 
committees, and Congress provided for the erection of 
two splendid office buildings on either side of the Capitol, 
one for the use of senators and the other for the use of 
congressmen. 

The Capitol stands in the midst of beautiful park laid 
out with grass plots, trees, and shrubbery. Spacious 
avenues lead up to it from all parts of the city. As you 
stand upon its dome, these avenues seem to radiate from 
the Capitol like the spokes of a wheel. 

QUESTIONS FOR CLASS DISCUSSION 

1. Find out the number of the congressional district of Alabama 
in which you live. Find out, if you can, the name of the present 
congressman from your district. When was he elected? How 
many terms has he served? When will the next congressional 
election be held? Will your congressman be elected at the same 
time that congressmen will be chosen in other districts of Alabama 
and in the other States of the Union? 

2. How many congressmen has Alabama? Explain why Ala- 
, bama has this number, while New York, for instance, has many 

more, and Delaware many less. Who determines the number of 
congressmen that each- State shall have? How often is this matter 
determined? When will the next reapportionment take place? 

3. How many senators has Alabama? How many have the other 
States ? Find out the names of the present senators from Alabama. 
How long has each of them served? How were they chosen? 
How long has each of them yet to serve? Were they elected for 
full terms or to fill unexpired terms? When will Alabama choose 
another senator? What change was effected by the seventeenth 
amendment to the Constitution? 



HOW THE NATIONAL LAWS ARE MADE 217 

4. How many members has the Senate? Why? How long is 
their term of office? Are all of them chosen at the same time? 
Explain, then, how the Senate is only partly renewed from session 
to session of Congress. What advantage has this? Explain how 
United States Senators were formerly chosen in the several States. 
Why are senators now chosen by direct popular vote? How was 
this change brought about? Why is it made? What advantage will 
it have? 

5. What advantage is there in having two houses of Congress? 
Explain how the people are represented on a different basis in each 
house. Why was this plan adopted? 

6. Who presides over the Senate? Over the House of Repre- 
sentatives? What powers has the Speaker? How is he chosen? 
Who is the present Speaker of the House? 

7. Why was the committee system adopted in Congress? How 
are the committees chosen in each house? Explain how every 
measure must pass through either house of Congress. Explain in 
full, then, how every law is made. What advantages has this 
system? 

8. How long does each Congress exist? How many regular 
sessions does each Congress hold? When do the sessions begin 
and how long do they last? What is meant by the "long" and the 
"short" session of Congress? 

9. Is Congress in session at present? If not, when will it assem- 
ble? Will this be for the long or the short session? How do you 
know? 

10. Where does Congress meet? Have you ever seen the Capitol? 
Describe it. (See page 160.) Have you ever attended a session of 
either house of Congress? Tell the class what you saw. Describe 
the Hall of the House of Representatives. (See page 209.) 



CHAPTER XXII 

HOW THE NATIONAL LAWS ARE PUT INTO 
OPERATION 

160. The executive officers of the nation. The Consti- 
tution does not intrust the State officers with the power to 
put the laws of the nation into operation. It provides that 
the national laws shall be executed by a separate body 
of officers, with the President of the United States at 
their head. Congress has provided by law what officers 
in addition to the President are necessary for carrying 
out the laws. These officers constitute the executive de- 
partment of the national government. 

161. How the President is chosen. 1 Perhaps you may 
not know that when we go to the polls for the election of 
a President and Vice-President, we do not vote directly 
for the candidates for these offices. We cast our votes 
for a number of officers known as presidential electors. 
The Constitution provides that each State may choose as 
many electors as it has representatives and senators in 
Congress. The whole number of electors in any State is 
known • as its electoral college. Under this system, Ala- 
bama chooses at each presidential election twelve electors, 
for Alabama has, as we have seen, ten representatives 
and two senators. 

*After the first few presidential elections, it was apparent that the 
original plan of choosing the President and Vice-President of the 
United States was a failure. In 1804, bv the adoption of the 
twelfth amendment, our present plan of election was established. 
See page 185. 

218 



HOW THE NATIONAL LAWS ARE EXECUTED 



219 



In each State the proper number of electors are chosen 
at the polls in November of every fourth year ; and in 
each State these electors come together the following 
January to vote for a President and Vice-President of 
the United States. They send the result of their vote to 
Washington, where the votes of the -electors in all the 
States are counted. The original idea contained in this 
method of naming the President was that the electors 
chosen in the several States would be men of greater 




The White House 
Residence of the President of the United States 

ability than the average voter, and that they would be 
better able, therefore, to choose a suitable President and 
Vice-President. As a result of the control which political 
parties have over these elections, the electoral colleges 
have been robbed of this important power. Let us see 
how this is brought about. 



220 HOW WE ARE GOVERNED IN THE NATION 

In its national convention (see page 242), each of the 
political parties nominates one candidate for President 
and another for Vice-President. A party convention or 
primary election is also held in each of the States, and 
the electors for the State are nominated in this way. 
When we go to the polls, we are given a ballot which 
contains the lists of electors nominated in this fashion by 
each of the parties, and we cast our ballot for the electors of 
our party. But these electors have no independent choice at 
all. They must, upon being elected, vote for the candidates 
which their party has nominated at its national convention. 
No elector would dare vote for any other. While we 
still continue to cast our vote at the polls not directly 
for President and Vice-President but for electors, this has 
become a mere form. We actually vote for the candidates 
of our party ; for if the electors of our party are victorious 
in our State, they cannot in the electoral college cast their 
votes for any other candidates. So little part do the elec- 
tors have in choosing the President that the average 
voter scarcely knows or cares who they are. 

One other point we should bear in mind. When the 
votes of the electors are counted at Washington, each 
State is counted as having one vote for each elector to 
which it is entitled. The entire electoral vote of any one 
State is, however, usually cast for the candidate of one 
political party, even though the parties in the State are 
divided nearly evenly. For example, if the Democratic 
party in Alabama has only a small majority of voters over 
the Republican party, the Democratic electors will be 
chosen at the polls instead of the Republican electors; 
and they will cast all of Alabama's twelve electoral votes 
for the Democratic candidates for President and Vice- 
President. 



HOW THE NATIONAL LAWS ARE EXECUTED 2 2I 

The whole number of electoral votes is now 531, for 
there are in Congress 96 senators and 435 representatives. 

162. The President's term of office. The President and 
Vice-President of the United States are elected for a term 
of four years, beginning on the fourth of March following 
the choice of electors in November. ' Many of our Presi- 
dents have been re-elected for a second term, but it is now 
a well established custom that no President will stand for 
re-election for a third consecutive term. 

163. The powers of the President. The Constitution and 
the laws of Congress grant many important powers to the 
President and impose upon him many important duties. 
Perhaps it will be well to classify these powers and duties. 

/. The Presidents' power over legislation. At the open- 
ing of each session of Congress, the President sends to the 
national legislature a message in which he discusses the 
condition of the country and recommends the passing of 
certain laws. During the session he often sends further 
messages. In 1913 President Wilson reintroduced the cus- 
tom of reading his important messages to Congress in person 
— a custom abandoned since the time of Jefferson. At all 
times, moreover, the President keeps closely in touch with 
the leaders of Congress, advising with them as to the fram- 
ing of bills. In this manner he exercises great influence in 
the making of our national laws. 

When a bill has finally passed both houses of Congress, 
it must be sent to the President for his signature. The 
Constitution gives him ten days in which to consider the 
bill. If at the end of that time he has taken no action, 
the measure becomes a law without his signature. 1 Be- 

*If, after a bill has gone to the President, Congress adjourns 
before the expiration of ten days, the bill does not become a law 
without the President's signature. This is called a "pocket veto." 



222 HOW WE ARE GOVERNED IN THE NATION 

fore the expiration of these ten days, however, the Presi- 
dent may veto the bill and return it to Congress with his 
reasons for refusing to approve it. If Congress passes the 
bill again by a majority vote of two-thirds in each house, 
the measure becomes a law in spite of the President's dis- 
approval. It is usually very difficult, however, to secure 
the two-thirds vote necessary to "over-ride" the President's 
veto. 

The President is sometimes convinced that measures of 
importance should be immediately enacted into laws. At 
such times he has authority to call a special session of Con- 
gress. Such sessions were called in April 1909 and 191 1 
by President Taft and in April 1913 by President Wilson. 

2. The President's power to appoint other officers. The 
President and Vice-President are the only national exec- 
utive officers elected by the people. All the other officers 
are appointed. The most important of these, as for in- 
stance, the heads of departments, ambassadors and minis- 
ters, judges, and postmasters, are nominated by the Presi- 
dent and approved by a vote of the Senate. A few officers 
are appointed by the President alone. In addition to these, 
a vast number of less important officers and employees are 
appointed by competitive examinations held under the direc- 
tion of a board known as the Civil Service Commission. 

In nominating most of the important officers of the 
national government, you must not think that the President 
can always act with independence. He is influenced and 
controlled largely by the wishes of the members of Congress. 
Especially is this true in the appointment of such officers 
as judges, postmasters, and customs officers, who serve at 
posts throughout the entire United States. Senators and 
Congressmen usually have great influence with the Presi- 
dent in such appointments. 



HOW THE NATIONAL LAWS ARE EXECUTED 223 

S. The President's power to remove other officers. The 
President must see that the laws of the nation are faith- 
fully executed. It is his duty, therefore, to see that the 
other executive officers are properly performing their work. 
This would be impossible unless the President had the 
power to remove from office those who were inefficient, 
or who refused to carry out the law or his orders. With 
the exception of a period of about twenty years, the Presi- 
dent has always exercised this important power of removal. 




A New Year's Reception at the White House 

Showing thousands of persons in line entering the White House 

on the occasion of the President's public reception held every 

New Year's Day. The large building in the foreground 

is occupied by the State, War, and Navy Departments. 

Officers are removed by the President not only to secure 
better service in the government but sometimes also in 
the interest of political parties. Whenever a new Presi- 
dent is elected by a party which has been out of power, 



22A 



HOW WE ARE GOVERNED IN THE NATION 



it is usual for a large number of the more important 
officers either to resign or to be removed from office by 
the President. Their places are then filled by members 
of the political party which has come into control of the 
government. 

h. The President's power over foreign affairs. The Presi- 
dent has the power, with the consent of the Senate, to ap- 
point those diplomatic officers who are sent to represent 
us in foreign countries. It is he, also, who receives the 
diplomatic representatives sent to the United States. As 
we have already seen, he has the power to draw up 
treaties with foreign nations, although these must after- 
wards be approved by a two-thirds vote of the Senate. 
Thus the President as the chief officer of the nation plays 
an important part in the conduct of our relations with 
foreign nations. 

5. The President's power over the army and navy. By the 
Constitution the President is made commander-in-chief of 
the army and navy. This gives him large control over 
the appointment of army and navy officers and over the 
movements of our land forces and vessels of war. Con- 
gress has given him the power to call out the State militia 
in time of public danger (see page 167) ; and the Consti- 
tution places him also at the head of these forces when 
they are called into the service of the nation. 

6. The President's pardoning power. The President has 
the power to pardon those who have committed offenses 
against the laws of the United States. This power is 
given to the President for the same reason that the Gover- 
nor of our State is given the power to pardon those who 
have committed offenses against the laws of Alabama. (See 
page 117.) 



HOW THE NATIONAL LAWS ARE EXECUTED 



225 



164. The importance of the President's powers. You 

have probably noticed that many of the President's 
powers are similar to the powers exercised in Alabama 
by the Governor of our State. You must bear in mind, 
however, that the President exercises his powers over 
the whole United States, and the laws which * he executes 
are the laws of the entire nation. [Moreover, in addition 
to the ordinary powers that every Governor exercises within 
his State, the President has a large control over the 
the foreign affairs of the nation, over the army and navy, 
and over the appointment and removal of the executive 
officers of the nation. He occupies, therefore, a more im- 
portant position in the government of the nation than 
the Governor occupies in the government of the State, 
He is more responsible for the proper execution of the 
national laws than is a State Governor for the execution 
of State laws. As a matter of fact, he is the most com- 
manding and powerful officer in the United States. He 
is directly responsible to the people who placed him in 
office for the faithful performance of his duties. 

The Constitution requires that the President shall be 
a natural born citizen of the United States — thus excluding 
naturalized citizens. (See page 172.) He must be at least 
thirty-five years old and must have resided in the United 
States for fourteen years preceding his election. 

In case the office of President becomes vacant for any 
cause, he is succeeded by the Vice-President. And in 
case both the President and the Vice-President are unable 
to fill the office, Congress has provided by law that the 
heads of the departments shall fill the vacancy in the fol- 
lowing order: The Secretary of State, the Secretary of 
the Treasury, the Secretary of War, the Attorney General, 
the Postmaster General, the Secretary of the Navy, and 



226 HOW WE ARE GOVERNED IN THE NATION 

the Secretary of the Interior. Five times the President 
of the United States has died in office and has been suc- 
ceeded by the Vice-President. 

165. The executive departments. In order to assist the 
President in putting the national laws into operation, 
Congress has created ten executive departments, each with 
a head, and each having under its control one branch of 
the government's work. For the convenience of the 
work, these departments are divided into bureaus, and over 
each bureau is an officer known as the bureau chief. Let 
us see what duties have been given to these various de- 
partments by Congress. 

1. The Department of State, under direction of the Secre- 
tary of State, attends to all the details of our foreign 
affairs. It gives instructions to our diplomatic representa- 
tives abroad and superintends all our relations with foreign 
governments. 

2.. The Department of the Treasury, under the direction 
of the Secretary of the Treasury, manages the financial 
affairs of the nation, collects its revenues, controls the mints 
and the national banks, and pays out the money authorized 
by Congress. It also superintends the life-saving stations 
along the coasts, and the quarantine service. 

3. The Department of War, under the direction of the 
Secretary of War, provides for the equipment and manage- 
ment of the army. It has charge of the money set apart 
by Congress for the support of the United States Military 
Academy at West Point, New York, where young men 
are trained for service in the army. The improvement of 
our rivers and harbors is also placed under the control of 
this department. 

^. The Department of the Navy, under the direction 
of the Secretary of the Navy, provides for the navy in the 



HOW THE NATIONAL LAWS ARE EXECUTED 227 

same way that the War Department provides for the army. 
It has control of the money appropriated for the support 
of the United States Xaval Academy at Annapolis, Mary- 
land, where young men are trained for service in the navy. 

5. The Post-Office Department, under the direction of the 
Postmaster General, has the entire management of the 
United States postal service. 

6. The Department of Justice, under the direction of the 
Attorney General of the United States, gives advice on 
questions of the law to the President and the other execu- 




The United States Treasury Building 

tive officers of the nation. When the United States gov- 
ernment sues or is sued in the courts, the national govern- 
ment is represented by the Attorney General or by one of 
the United States district attorneys. (See page 238.) 

7. The Department of the Interior, under the direction 
of the Secretary of the Interior, has control over a number 
of matters relating to the afifairs within the country, such as 
Indian afifairs, public lands, pensions, patents, and copy- 
rights. 



228 HOW WE ARE GOVERNED IN THE NATION 

8. The Department of Agriculture, under the direction of 
the Secretary of Agriculture, collects information in regard 
to the agricultural conditions of the country, the improve- 
ment of roads, and similar matters. The department has no 
control over these things. It is established chiefly to advise 
and assist those who desire information. It also manages 
the weather bureau, the government forest reserves, and 
enforces the Pure Food Act. (See page 32.) 

p. The Department of Commerce, under the direction of 
the Secretary of Commerce, collects information in regard 
to commerce, mining, and manufacturing, and gives advice 
and assistance to those who desire it. In addition to this 
it has charge of taking the census, inspecting steamboats, 
maintaining lighthouses and surveying the coasts. 

10. The Department of Labor, under the direction of the 
Secretary of Labor, enforces the immigration and naturali- 
zation laws (see pages 172, 173), and collects and publishes 
much useful information in regard to the condition of the 
laboring classes in the country. A special bureau is engaged 
in promoting the welfare of children. 

All of these executive departments are located in Washington, 
where imposing buildings have been erected for their use. Thou- 
sands of officers and clerks are employed in carrying on the work 
of the departments. Many of these reside permanently in Wash- 
ington. Others are scattered in all parts of the country, as for 
instance, the customs and internal revenue officers of the Treasury 
Department, the postmasters and clerks of the Post-Office Depart- 
ment, the district attorneys of the Department of Justice, the agents 
of the weather bureau of the Department of Agriculture, and the 
census officers of the Department of Commerce. 

166. The President's cabinet. The heads of the ten 
executive departments act as the President's advisers. He 
may consult them either in person or in writing, or he may 



HOW THE NATIONAL LAWS ARE EXECUTED 229 

call them together to consider any matter of interest 
and importance in carrying on the work of the govern- 
ment. He is not compelled, however, to accept their 
advice, nor indeed to consult them unless he chooses. 
These heads of departments are together known as the 
President's cabinet. 

The President usually selects the members of his cabinet 
with great care. They must be men in whom he has con- 
fidence and upon whose judgment he can rely, for the 
President needs their opinion on many important questions.. 
They constitute his executive "family/' In case the Presi- 
dent is dissatisfied with any member of his cabinet, he has 
absolute power to remove him from office. 

QUESTIONS FOR CLASS DISCUSSION 

1. Do the officers of our State government put the national laws* 
into operation? If not, how are the national laws enforced? Ex 
plain why the national executive officers are necessary. 

2. Who is now President of the United States? When was h* 
elected? How long has he yet to serve? Can he be re-elected a< 
the end of his present term of office? 

3. What is meant by presidential electors? How are they nomi- 
nated? How are they elected? What is their duty? Do you 
know of any one who has ever been a presidential elector? Why 
do we take so little interest in the choice of presidential electors? 
Explain fully the original idea ol the electoral college. Have the 
electors any independent choice in casting their vote for President 
and Vice-President? Explain how, in spite of the fact that we cast 
our vote at the polls for presidential electors, we in reality vote for 
one of the candidates for President. 

4. How many electoral votes has Alabama? Why? Explain 
how the entire electoral vote of Alabama will be cast for the Demo- 
cratic candidate even though the Democratic party may cast only a 
small majority of the votes in the State. 

5. Why is the President required to send a message to Congress? 



230 HOW WE ARE GOVERNED IN THE NATION 

What is meant by his veto? How may it be "over-ridden"? 
When may the President call a special session of Congress? Does 
the President have any influence in the making of our national 
laws? 

6. What officers of the national government are elected by the 
people? How are the other important officers chosen — the heads 
of departments, for instance, the ambassadors and ministers, the 
judges, the postmasters? How are most of the less important 
officers chosen? Suppose the President wishes to nominate the 
postmaster in your community, how would he probably get the 
names of suitable candidates for this position? How would the 
appointment be made? How is the President influenced in the 
nominations which he makes to the Senate? 

7. Why is it necessary that the President should have the power 
to remove cabinet and other officers? What share does the Presi- 
dent have in making our treaties with foreign countries? What is 
his position in the army and navy? 

8. Who may be chosen President of the United States? In case 
of the President's death, who succeeds him? In case of his suc- 
cessor's death, who would become President? 

9. What is meant by the executive departments? How many de- 
partments are there? Give some idea of the business undertaken 
by each of these departments. 

10. What is meant by the President's cabinet? What are the 
names of some of the present cabinet officers? Who appointed 
them? Who may remove them? 



CHAPTER XXIII 

HOW THE NATIONAL LAWS ARE EXPLAINED 
AND APPLIED 

167. Why the national courts are neccessary. We have 
already learned that in our State government a complete 
system of courts is established ; and we have seen how 
these courts apply the laws in particular cases and thus 
protect us in our rights and liberties. (See chapter XII.) 
Now you can readily understand the difficulties that would 
arise if the State courts throughout the length and breadth 
of our land were given the sole power to explain and apply 
the laws of the nation. Courts in different States would 
explain the national laws quite differently. Sometimes 
they might be unfriendly to the laws passed by Congress 
and might refuse to enforce them. In order to avoid this 
confusion and weakness, the Constitution provides for a 
system of national courts which are wholly independent of 
the State courts. These courts constitute the judicial de- 
partment of the national government. 

168. The system of national courts. The Constitution 
says that there shall be one Supreme Court of the United 
States and as many other courts as Congress may see fit to 
establish. Congress, therefore, has by law determined 
what national courts shall be established in addition to the 
Supreme Court, and how many judges shall be appointed 
for each court, including the Supreme Court. Let us see 
the various national courts which have been provided for 
by Congress. 

231 



232 HOW WE ARE GOVERNED' IN THE NATION 

1. The United States Supreme Court. At present the 
Supreme Court consists of nine judges, or justices as they 
are called. One of these, the Chief Justice, presides over 
the court, No case can be heard by less than six of these 
justices, and a majority of those hearing the case must 
agree upon every judgment that is made. Almost the 
entire work of this Court consists in hearing what is known 
as appealed cases. These are cases that have already been 
tried in the lower United States courts or in the courts of 
one of the States, and have been properly brought up, or 
appealed, to the Supreme Court for a final determination. 

The United States Supreme Court is the highest court 
of our nation and is perhaps the most powerful court in 
the world. Its justices are men of great learning in the 
law and of integrity and character above reproach. A seat 
upon the Supreme Bench, as it is called, is one of the high- 
est honors in the gift of the nation. John Marshall, of 
Virginia, was the greatest chief justice this court has ever 
known. From 1801 until the time of his death in 1835 he 
presided over the Supreme Court as its Chief Justice. In 
the opinions which he handed down during these years, 
he explained more clearly than any one else the real mean- 
ing of our national Constitution, and the true nature of the 
federal government which it created. 

The Supreme Court holds its sessions in the Capitol 
building at Washington usually from October until June. 
It is a solemn, dignified, and impressive court of justice. 
During the sitting of the court the justices wear long 
black gowns. 

3. The Circuit Courts of Appeals. Congress has provided 
that for judicial purposes the entire country shall be 
divided in nine circuits, a number of States being included 
in each circuit. In 1 891 there was established in each of 



HOW THE NATIONAL LAWS ARE APPLIED 233 

these circuits a Circuit Court of Appeals. These courts hear 
cases appealed from the lower United States courts, and 
in many instances they have the power to determine these 
cases finally, without any further appeal to the Supreme 
Court. These Circuit Courts of Appeals were established 
to relieve the Supreme Court of a part of its work. Under 
the old organization of the courts, so many cases had been 
appealed to the Supreme Court that in 1890 it was already 
several years behind in its work. Unfortunately the number 
of cases before the Supreme Court has so greatly increased 
that this Court is still about two years behind. Alabama, 
together with Georgia, Florida, Mississippi, Louisiana, and 
Texas, is in the fifth judicial circuit of the nation. 

3. The District Courts. The lowest and most numerous 
branch of United States Courts are the District Courts. In 
each State and Territory Congress has provided for one or 
more judicial districts, and in each district there is a United 
States District Court, having the power to try classes of 
cases prescribed by Congress. There are in all about eighty 
of these District Courts established in all parts of the United 
States. 

Alabama is divided into three of these national judicial 
districts known as the Northern, the Middle, and the South- 
ern Districts of Alabama. In each of these districts there 
is one United States District Court, which sits from time to 
time at various places within the district. Thus the North- 
ern District Court is held at Huntsville, Florence, Gadsden, 
Birmingham, Jasper, Anniston, and Tuscaloosa ; the Middle 
District Court at Montgomery and Dothan; the Southern 
District Court at Mobile and Selma. 

You see, therefore, that there are, in all, three kinds 
of national courts — (1) one Supreme Court, (2) nine Cir- 
cuit Courts of Appeals, and (3) about eighty District 



234 H0W WE AR E GOVERNED IN THE NATION 

Courts. With the exception of the Supreme Court, most 
of these United States courts sit within the limits of some 
State. You must bear in mind, however, that they are en- 
tirely distinct from the courts of any State, and that, for the 
most part, they hear cases which cannot be brought before 
the State courts. 

169. What cases may be brought before the national 
courts. The Constitution describes in detail the different 
kinds of cases which may properly be brought before the 
courts of the United States. It is unnecessary for us to 
note all these different classes of cases, for some of them are 
of no great importance. It is of far greater value to us 
to understand in general that the national courts consider 
one important class of cases, and the State courts another 
important class. 

In the first place the national courts may determine all 
cases arising under the Constitution, the laws, and the 
treaties of the United States. If, for instance, a man claims 
that his patent or his copyright (seepage 174) has been vio- 
lated by another man, he brings his suit in a national court, 
for these are rights in which he is protected by the laws of 
Congress. Again, if a person is accused of counterfeiting 
United States money, or of stealing from the United States 
mails, he is tried in a national court, for these are offenses 
against the laws of the nation. Such cases as these do not 
come before the State courts; they do not require the 
application of State law T but of national law. 

Cases of one other important class are brought before 
the courts of the nation. Ordinarily these courts do not 
interpret and apply the laws of any State ; this is the duty 
and the privilege of the State courts. But suppose a dis- 
pute arises between two States, and one of them brings 
suit against the other. Naturally neither of the States 



236 HOW WE ARE GOVERNED IN THE NATION 

would be willing to have the trial conducted in the courts 
of. the other State. The Constitution provides that such a 
suit may be brought in the United States Supreme Court. 
Again, suppose a citizen of one State sues a citizen of 
another State ; or suppose a suit arises between a citizen of 
one of the States and a foreigner. In such cases as these, 
the courts of any particular State might be inclined to 
favor the citizens of that State as against outsiders. It is 
provided, therefore, that such suits may be brought in the 
national courts, even though they may require the applica- 
tion only of State law. 

There are a number of other kinds of cases which may 
come before the national courts, but these arise much less 
frequently than the two classes we have mentioned. We 
should all remember that, for the most part, the cases heard 
in the United States courts are: (1) those which require 
the application of the laws of the nation ; and (2) those in 
which, by reason of the character of the parties engaging 
in the suit, the national courts may be expected to render 
more impartial decisions than the State courts. 

170. How the Supreme Court protects the Constitution 
against the States. In addition to these cases which clearly 
fall to the national courts for determination, there is 
another numerous and important class of cases to be con- 
sidered. You will recall that the United States Constitu- 
tion places certain restrictions upon the powers of the 
States. (See page 194.) Suppose, for example, that a State, 
passes a law which in reality takes a man's property from 
him without paying him justly for it. The national Con- 
stitution prohibits any State from passing such a law. You 
see at once, that a conflict arises between the law of the 
State and the Constitution of the nation. But the Consti- 
tution is the "supreme law of the land" and must prevail 



HOW THE NATIONAL LAWS ARE APPLIED 237 

over the State law. The situation is very complicated. 
How shall a man proceed who has been deprived by some 
State of a right in which he is protected by the national 
Constitution? This will depend somewhat upon the par- 
ticular case. It is sufficient for you to know that ordinarily 
he will bring his suit in a State 'court, and there he will 
seek to maintain his rights under the national Constitution. 
If the Supreme Court of the State decides that he is not 
protected by the national Constitution, he then has the 
right to carry his case before the United States Supreme 
Court. This court has the power to determine the question 
finally, and the State is compelled to obey its orders. This 
is the usual method by which we may protect ourselves 
against the unlawful exercise of powers by any State. 1 

171. How the Supreme Court protects the Constitution 
against Congress. We have just seen that the Supreme 
Court of the nation has the power to protect us against any 
State law that is forbidden by the national Constitution. 
This court also has the power to protect us against any law 
passed by Congress which is not permitted by the Consti- 
tution. As we have learned, Congress can exercise only 
those powers that are given to it either directly or indirectly 
by the terms of the Constitution. If Congress exceeds its 
powers under the Constitution, the Supreme Court will 
declare the law unconstitutional and refuse to enforce it. 
(See page 190.) 

In this way the real principles of our federal government 
have been upheld, and the division of powers which the 
Constitution makes between the nation and the States has 

^he eleventh amendment to the Constitution of the United 
States prohibits any citizen from bringing in the national courts a 
suit directly against any State. The officers of a State may usually 
be prevented by the national courts from carrying out a State law 
which violates the national Constitution, but the State itself may 
not be sued. - 



238 HOW WE ARE GOVERNED IN THE NATION 

been preserved. For whenever Congress has exceeded its 
constitutional powers, it has usually exercised powers 
properly reserved to the States. The Supreme Court has 
many times refused to enforce laws which were passed by 
Congress in excess of its powers. 

172. How the law proceeds in the national courts. Cases 
are tried before the national courts in very much the same 
way that they are tried in the State courts. (See pages 
128, 129.) Most of the cases in the lower United States 
courts are tried by juries. In a civil suit, there are lawyers 
on both sides of the case, who argue the case before the 
court. In a criminal case, the United States government 
is usually represented by an officer known as a United 
States district attorney. It is the duty of this officer to 
prove the guilt of the person accused of crime against the 
laws of the nation. 

173. The national judges. In addition to the nine jus- 
tices of the United States Supreme Court, there are in each 
of the nine judicial circuits from two to four circuit judges, 
and in each of the eighty judicial districts at least one dis- 
trict judge. All of these justices and judges are nominated 
by the President and confirmed by a vote of the Senate. 

Unlike the President and Vice-President, United States 
judges hold office for life, or as the phrase goes, "during 
good behavior." This method of appointing judges for 
unlimited terms has one great advantage : once appointed, 
a judge holds his office quite independently of the President 
and Congress. He does not have to seek reappointment, 
and therefore he is not controlled by politics. He can per- 
form the duties of his office with justice and fairness to all. 

174. How the national officers may be removed: impeach- 
ment. Suppose a President of the United States, or a 
judge of one of the national courts, or some other officer 



HOW THE NATIONAL LAWS ARE APPLIED 239 

of the nation violates the trust imposed in him. Suppose, 
for instance, that he accepts a bribe, or betrays the nation 
to an enemy, or commits some great crime. Naturally the 
people would be unwilling to have such a man continue in 
office, and provision is made by which he may be removed. 
This is accomplished by convicting him upon what is 
known as impeachment. Impeachment is a kind of accusa- 
tion brought against a public officer. It is similar in char- 
acter to an indictment. (See page 130.) 

The national Constitution gives to the House of Repre- 
sentatives the power to impeach any officer of the United 
States. The senate is made a court for the trial of such an 
impeachment, and the officer who has been impeached can 
be convicted only by a two-thirds vote of the Senate. If 
convicted, he may be removed from office and forbidden to 
hold any office of trust in the future. After his removal, 
he may be tried by an ordinary court and punished like 
any other criminal. 

The House of Representatives has rarely exercised this 
power to bring impeachments. You will recall that in 
1868 President Johnson was impeached by the House, but 
the Senate failed to convict him on the charges brought 
against him. Only three national judges have ever been 
removed from office by impeachment. 

QUESTIONS FOR CLASS DISCUSSION 

1. Explain why the national courts are necessary, in addition to 
the courts of the States. 

2. Describe the system of national courts in the United States. 
In what circuit is Alabama? What other States are in this circuit? 
How many district courts are there in Alabama? Find out, if you 
can, where these district courts meet. Why were the circuit courts 
of appe?ls established? 

} Have you ever seen the Supreme Court room in the Capitol it 



240 HOW WE ARE GOVERNED IN THE NATION 

Washington? If so, describe it. How many justices sit in this 
court? How often does it meet? 

4. How are the national judges appointed? For what term/ 
Why? Find out, if you can, the name of our present Chief Justice. 
The names of some of the other justices on the Supreme Bench. 
Find out, if you can, the names of some of the national judges who 
sit in the district and circuit courts in Alabama. 

5. What two great classes of cases may be brought before the 
national courts? What cases come before the State courts? If 
you wished to defend some right granted to you by the national 
Constitution, how would you probably proceed? Who would 
determine your case finally? 

6. Explain how the Supreme Court protects the Constitution 
against the States. Against the powers of Congress. 

7. What is meant by impeachment? Why is it necessary? Who 
has the power to bring impeachments? How must the accused 
officer be tried? How may he be punished? Tell about the 
impeachment of President Johnson. 



CHAPTER XXIV 

HOW THE NATIONAL GOVERNMENT IS CON- 
TROLLED BY POLITICAL PARTIES 

175. Why political parties are necessary. We have 
already noted that very early in our history the people 
of the United States began to separate into political parties. 
Perhaps you may not understand why these parties arc 
necessary. In carrying on the work of the government, im- 
portant questions are constantly arising as to how the gov- 
ernment ought to act in this or that matter. The people 
are interested in these questions, for the happiness of the 
nation often depends upon how they are settled. People 
usually differ in opinion as to what course the government 
should follow. The members of one political party want 
one plan adopted ; the members of another party favor 
another plan. Foi instance after the Spanish-American 
War, not all the people in the United States were in favor 
of our taking over the Philippine Islands. One party 
desired the acquisition of the islands, the other party op- 
posed it. 

At the polls each party tries to secure the election of its 
candidates in order that its plans may be carried out. For 
the purpose of nominating these candidates and promoting 
their election, political parties have to organize. Thus we 
see T that our government is controlled by organizations 
of the people known as political parties; but we must re- 
member that these organizations are not a part of the gov- 
ernment at all. 

241 



242 HOW WE ARE GOVERNED IN THE NATION 

We have seen that in the State of Alabama each political 
party has its State and local committees, and that these 
committees provide for holding party conventions and party 
primaries, at which their candidates for State and local 
officers are nominated. (See pages 156-158.) Each party 
has also a national committee, composed of one prominent 
leader from each of the several States. This national com- 
mittee has general supervision over the affairs of the party. 
Let us now see how each political party endeavors to get 
control of the ntaional government. 

176. The national party convention. The President and 
the Vice-President are the only executive officers of the 
nation who are elected by the people. In order that the 
choice of these important officers may not be left to the 
presidential electors, it is necessary that the candidates of 
each party should be nominated before the election is held* 
(See page 220.) These nominations are made by each of, 
the political parties in their national convention. 

In the United States there have usually been only two 
large parties. Some time during the summer preceding the! 
presidential election each of these parties holds its national 
convention. The convention consists of delegates chosen by 
State party conventions or direct primaries. (See page 157.) 
A State is entitled to send to the convention twice as many 
delegates as its number of congressmen and senators. Thus 
from Alabama each party sends twenty-four delegates. 

On the day appointed these delegates, about one thous- 
and in number, assemble in some tremendous hall in one of 
our large cities, and th.ey proceed to ballot for a candidate 
for President and a candidate for Vice-President. In 
this manner are the party candidates chosen. As we have 
seen, candidates for presidential electors are nominated 
in each of the States. (See page 220.) The electors who 



NATIONAL POLITICAL PARTIES 243 

are victorious at the polls must cast their ballots for the 
candidates for President and Vice-President nominated by 
the national convention of their party. (See page 220.) 

177. The party platform. The national convention has 
one other important duty to perform. It draws up what 
is known as the platform of the party. This platform is a 
paper setting forth the opinions of the party on important 
questions in which the people are interested. It declares 
what the candidates of the party will and will not do if 
they are elected. Unfortunately these platforms usually 
contain promises intended only to attract voters for the party 
candidates. When the election is over, those who have been 
chosen to office do not always seek to carry out the promises 
which their party made in its platform. 

The party platform is published in the newspapers 
throughout the land. It is freely discussed in the speeches' 
that are made during the campaign, as the period preceding 
the election is called. Each party explains and upholds its 
own platform, while it opposes and denounces the platform 
of the other party. 

178. How political parties control the national legislature. 
Senators and congressmen are chosen in their respective 
States. The nomination of party candidates for these offices 
is, therefore, controlled by the party organization within the 
States. The Democratic Senators elected by the Alabama 
Legislature (see page 208) in 1907 were nominated at the 
Democratic primary held in 1906. So also was the Demo- 
cratic Senator elected in 191 1 nominated at a primary held 
in 1910. Xow that Senators are elected by a direct vote of 
the people (see page 210), each party nominates its candi- 
date either by a State party convention or a State party 
primary. Small parties nearly always use the convention 
system. 



244 H0W WE ARE GOVERNED IN THE NATION 

Since corgressmen are chosen by the people in congres- 
sional districts, the party candidate for congressman is 
usually nominated by a district convention or at a district 
primary. 

In one way or another, you see, the party manages to 
choose its candidate for every office before the election 
actually takes place. In this way the party is held together, 
for the voters do not scatter their votes on several candi- 
dates of their own party. 

179. Who may vote in national elections. Our national 
Constitution does not lay down the qualifications for those 
who vote in national elections. This important matter is 
determined by the Constitution of each State, and different 
States require different qualifications. As a result of this, it 
sometimes happens that a person may cast a vote for Presi- 
dent or for congressman in one State, although the same 
person might not be allowed to cast such a vote if he lived in 
some other State. But, as we have learned, the Constitution 
does place one restriction on the powers of the States in 
this matter. No State can deprive any person of his vote 
because of his race, color, or previous condition of servi- 
tude. This provision is found in the fifteenth amendment 
to the Constitution. 

180. Our responsibility as American citizens. We have 
now completed our brief study of the government of our 
State and nation. We have necessarily omitted many 
points of interest in that study. But one thing at least 
our study should have made clear to us : that our govern- 
ment — whether national, State, or local— is established for 
the purpose of protecting and assisting us. In many ways 
the government affords us protection for our lives, our 
health, our property, our liberty; and in many ways it is 



NATIONAL POLITICAL PARTIES 245 

daily promoting our progress and happiness and providing 
for our welfare. 

We have seen that we have in the United States a 
federal system of government — that is, a government in 
which the powers are divided between the nation and the 
States. We have seen how the governments of our State 
and nation provide in different ways for our protection and 
assistance, and how each of them is supported. We have 
seen how our State and national laws are made, how they 
are put into operation, and how they are applied. And 
finally, we have seen that both State and national govern- 
ments are controlled by organized political parties. All 
of this complicated scheme of government which we have 
been studying has been established by the people of the 
United States in order that they may enjoy the benefits 
which it affords. 

It is of great importance to each of us that we should 
fully realize our own part in this -wonderful scheme of 
government. It belongs to us. Our forefathers created it, 
and we have preserved it. Whether our government is 
good or bad will depend upon you and me and upon all 
the other people of our State and nation. For this reason 
it is necessary that we should understand (1) why our gov- 
ernment is maintained and (2) how it is operated. This 
has been the great purpose of our study. 

Every day our government is settling important ques- 
tions which, either directly or indirectly, are of interest and 
concern to you and me. These questions are discussed 
in our newspapers : they are the subject of conversation 
among intelligent men and women. Many of them can be 
understood by intelligent boys and girls. All of us should 
be interested in them. We should try to understand them. 
But we cannot do this unless we have taken time to study 



246 HOW VVE ARE GOVERNED IN THE NATION 

the principles of our government. Let each of us bear in 
mind that the government will not run itself. If we stand 
aside, absorbed in our own affairs, and let the government 
take care of itself, it will surely fall into the hands of cor- 
rupt men, who will take advantage of the people's indiffer- 
ence and will use the people's money for their own ends. 
If we are to have good government, the people — that is, 
you and I — must understand the government. We must 
all be watchful, interested, and willing to lend a hand. 

Do you ask how each of us can assist ? We can study 
the principles of our government. We can study the ques- 
tions w r hich our government has to face. We can inform 
ourselves in regard to the candidates who are seeking 
office, so that we can cast our votes with intelligence. We 
can use our influence, to get the best men nominated and 
elected. In peace or in war we can serve our country 
faithfully when we are called. We can pay our taxes will- 
ingly, realizing that they are necessary to the existence of 
the government. We can obey the laws cheerfully. We 
can be honest with our fellowmen. We can be energetic 
and industrious, and thus by our own progress promote the 
progress of our community. We can at all times be con- 
siderate of the rights of others. And in many other ways 
w r e can show our genuine interest in the government of 
our community, State, and nation. These are the duties 
which every good American citizen owes to himself and 
to his fellow-citizens. 

In many respects the government of our county or city 
is closer to us than the government of our State, and the 
government of our State is closer to us than that of our 
nation. We must not be misled by this, for all of these 
governments are but the parts of a great whole. Each of 
them helps us in its own way. We should show our 



NATIONAL POLITICAL PARTIES 247 

interest in each, our loyalty to all. As Alabamians we 
should cherish a just pride in our noble State. But we 
should never fail to remember that the people of the United 
States are one people. You and I should be proud to feel 
that, above all else, we have the privilege and honor of 
being: American citizens. 



x £> 



QUESTIONS FOR CLASS DISCUSSION 

1. What are political parties? Why are they necessary? How 
do they seek to control the government ? Do you know of any 
question on which our two great political parties differ at present? 

2. What is the duty of the national committee of each party? 
Why is the national party convention necessary? How is it com- 
posed? What does it do? 

3. Find out, if you can, when and where the last national con- 
ventions of the Democratic and Republican Parties met. What can- 
didates were nominated by each convention? Which candidates 
were elected? For which candidates were the electoral votes of 
Alabama cast? 

4. What is meant by the party platform? Who draws it up? How 
is it used? 

5. Explain how the political parties in Alabama control the election 
of United States senator. How is this managed in other States? 
In these cases, do the members of the legislatures of the States 
have any independent choice? How are congressmen nominated? 

6. Who determines who may vote in a presidential election? 
What qualifications must a voter have in Alabama? Who deter- 
mined these qualifications? 

7. Explain how our national, State, and local governments are 
really only parts of a great whole. To which of them do you owe 
loyalty and obedience? 

8. Are you an American citizen? Do you regard this as an honor? 
Think of some of the ways in which you can show your apprecia- 
tion of it. 



INDEX 



Accidents, protection against, 

26-30. 
Agricultural high schools, 60. 
Agriculture, U. S. Depart- 
ment of, 228. 
Agriculture and Industries, 

Commissioner of, 118. 
Alabama, settlement of, 98; 

admission of, to Union, 99. 
Alabama National Guard, 31, 

117. 
Alabama Polytechnic Institute, 

62. 
Alabama Territory, formation 

of, 96-98; government of, 98, 

99. 

Aldermen, 143, 144. 

Ambassadors, 163, 164. 

Ambulances, 29. 

Amendment, of Ala. Constitu- 
tion, 101, 102 ; of national 
constitution, 183, 184 ; first 
ten, 184, 185, 193, 194; 
eleventh, 185, 237; twelfth, 
185, 218; 13th to 17th, 186, 194, 
195, 200, 210. 

American citizens, 162; the 
making of, 172, 173 ; who are, 
186; responsibility of, 244-247. 

Annapolis Convention, 179. 

Annexation of territory by U. 
S., 181, 182. # 

Appeals, meaning of, 127, 232, 
233, 237. 

Appointment, President's power 
of, 222. 

Army, 165, 166, 224. 

Articles of Confederation, 178, 
179. 

Assessment, of property, 88, 89; 
special, 91. 

Assessors, 88, 137. 



Attorney General, of Ala., 118; 

of LI.. S., 227. 
Auditor, State, 118. 

Ballot, 152. 

Ballot box, 152. 

Beats, election, 127, 151, 152. 

Bill, meaning of, no, 214. 

Birmingham, drinking water in. 
34; library in, 67; trolley lines 
around, 75, 76; population of. 
140; commission gov't., i<6. 

Boss, political, 112. 

Cabinet, President's, 228, 229. 
Campaign, political, 243. 
Capitol, of Ala., in, 127; of U. 

S., 216. 
Census, 107, 207. 
Chancellor, 126, 127. 
Chancery court, in Ala., 126, 

127. 
Charter, meaning of city, 142, 

Circuit court, in Ala., 126 ; United 
States, of appeals, 232, 233. 

Circuits, judicial in Ala., 126; 
U. S. judicial, 232, 233. 

Cities, accidents in, 27-30; pro- 
tection of health in, 32, 33; 
drinking water in, 34; fire 
departments in, 41 ; education 
in, 61, 62; libraries in, 67: 
taxation in, 92 ; local govern- 
ment in, 104, 105 ; courts in, 
126, 145 ; growth of, in Ala., 
139, 140; problems of, 140, 
141 ; government dj, 142-146. 

Citizenship, training for, in . 
school, 64-66; duties of, 112, 
113, 144, 153, 154, 244-247; a 



249 



250 



INDEX 



qualification for voters, 149, 
150; granted to foreign immi- 
grants, 172; granted to ne- 
groes, 186. 

Civic beauty, 80-82. 

Civil Service Commission, 222. 

Civil suit, meaning of, 128, 193, 
194. 

Clerk, of circuit court, 136; of 
cities, 143- 

Coast defence, 168. 

Collector, of taxes, 134, 137, 
146 ; of customs, 199, 200. 

Colonies, union of, 177, 178. 

Commerce, foreign, 162, 164; 
inter-State, 74, 169. 

Commerce and Labor, U. S. 
Department of, 228. 

Commissioners, Board of Rail- 
road, 74, 119; court of county, 
134; city, 144-146^ 

Committees, of Legislature, 109, 
no; of city council, 143; of 
political parties, 156, 158, 242; 
of Congress, 212-215. 

Community, definition of, 13, 
14; why people live in, 14, .15 ; 
liberty in, 16, 47; bow the 
schools helps, 62-66 ; progress 
of, 69, 70 ; improvement of 
appearances in, 80-82. 

Confederate States, organization 
of, III. . 

Congress, powers of, 164-174, 
190, ioi, 195, 196, 203, 204; 
restrictions on powers of, 
192-194, 202, 20?, 237, 238; 
houses of, 206-208; represen- 
tation in, 206-210; organiza- 
tion of, 212, 213; committee 
system in, 213-215; meetings 
of 215 ; protection against, 237, 
238. 

Congressional districts, 207. 

Congressmen, election of, ^ 207, 
208; terms of, 211; qualifica- 
tions of, 21 1, 212; power of, 
over appointments, 22; nomi- 
nation of, 244. 

Constable, 24, 3L 137- 



Constitution, 48; origin of. 99; 
definition of, 99; history of, in 
Ala., 99-101 ; of 1901, 101 ; 
importance of Ala., 101, 102 ; 
amendment of Ala., 101, 102; 
of the nation, r62 ; definition 
of national, 177; framing of 
national, 179, 180; adoption of 
national, 180, 181 ; opposition 
to national, 180, 181 ; amend- 
ment of national, 183-186; 
importance of national, 186, 
187; explanation of national, 
189-196; protection of nation- 
al, 236-238. 

Consuls, 165. 

Continental Congress, 177, 178. 

Convention, constitutional, in 
Ala., 99-101 ; of political par- 
ties, 156-158; Annapolis, 179; 
constitutional, of 1787, 179, 
180; national party, 220, 242, 

243- m 

Copyrights, 173, 174. 

Coroner, county, 137. 

Cotton-gin, invention of, 96. 

Council, city, 143, 144; town, 
146. 

Counties, roads in, 72, 73 ; taxa- 
tion in, 92, 94; local govern- 
ment in, 92, 104, 132, 134; 
representation of, in Ala. 
House of Representatives, 
107; courts in, 125-127; reason 
for, in Ala., 133; powers of, 
134; government of, 134-137; 
local history of, 137. 

Courts, necessity for, 122, 124; 
protection in, 124; system of, 
in Ala., 124-127; necessity for 
national, 231; system of 
national, 231-234; jurisdiction 
of national, 234-236; protec- 
tion in national. 236-238.. 

Criminal case, meaning of, 128, 
129. 

Customs, see Dufies. 

Davis, Jefferson, in. 



INDEX 



251 



Deaf, dumb, and blind institu- 
tions, 67. 

Democracy, meaning of, 54, 148. 

Democratic Party, see Politi- 
cal Parties. 

Departments, of government, 
103, 182, 183; executive, of 
national government, 226-228. 

Desires, for life and health, 15 : 
for liberty, 15, 16; for wealth, 
16; for knowledge, 16-18; for 
progress, 18; for happiness, 
18; conflict of, 18, 19. 

Diplomatic representatives, 163, 
164. 

Diseases, protection against, 

31-33. 

District attorney, U. S., 227, 

238. 
District courts, U. S., 233. 
Districts, school, 120; State 

senatorial, 108; congressional, 

207. 
Division of powers between 

nation and States, 190- 105. 
Drinking water, protection 
against impure, 34. 
Duties, customs, 164, 165, 199, 

200, 203. 

Education, why the government 
promotes, 53, 54, 62-66; his- 
tory of, in Ala., 54-57 ; in 
New Endand, 57; progress 
of, in Ala., 58-61 ; in cities, 
61, 62; higher,. 62; State 
Superintendent of. 119; county 
superintendent of, 120; 137; 
city superintendent of, 120: 
county and city boards of, 120 ; 
see also Schools. 

Election, places of, 151, 152: 
officers of, 152; see also Votes 
and Voters. 

Electoral college, 218-220, 242, 

243- 
Eminent domain, definition of, 
44 ; power of. given to rail- 
roads, 44; distinguished from 
taxation, 86. 



Enabling act, meaning of, 99. 
Engineer, State Highway, 73. 
Established church, 50, 51. 
Examinations, for physicians, 

31, 32; for teachers, 119. 
Examiners, State Board of, 119. 
Excise taxes, 200, 201, 203. 
Executive department, 103, 183, 

218.- 
Ex post facto law, 192-194. 
Express powers of national 

government, 190, 191. 

Family, responsibility of, 23 ; 
duty of, toward education, 57, 

58. 

Farms, drinking water on. 34 ; 

fencing of, 43 ; appearance of, 

80, 81. 
Federal government, meaning 

of, 192. 
Fires, protection against, 28, 

40-42, 142. 
Food inspection, 32, 228. 
Foreign affairs, control of, 162- 

165 ; President's power over. 

224. 
Fort Gaines, 168. 
Fort Morgan, 168. 
Franchise taxes, 90 . 
Franklin, Benjamin, y6, 179. 
Freedom, of speech, 48-50, 184, 

193; of religion, 50, 51, 184, 

193 ; of person, 51 186. 

Gas plants, 80. 

Geography of Alabama, effect 

of, on government, 133. 

Georgia, claims of, to western 
lands, 96, 97. 

Girls' Industrial School, 62. 

Government, definition of, 19, 
20; why established. 20: pro- 
tection of Jife and health by. 
23-36: protection of property 
by, 38-43 ; control over prop- 
erty, 43, 44; ownership of 

• property, 45 : liberty under, 
47; how restricted, 47-50; 
promotion of education by, 



252 



INDEX 



53-67; promotion of progress 
by, 69-83; support of 85-94; 
organization of 103-105 ; of 
counties, 134-137; of cities, 

* 142-146; who shares in, 148- 
151 ; necessity for national, 
161, 162; powers of national, 
162-175, 190, 191 ; under Artic- 
les of Confederation. 178,179; 
organization of national, 182, 
183 ; restrictions on national, 
184, 185, 192-194, 202, 203. 

Governor, appointment of terri- 
torial, 115; election of State, 
115; qualifications of 115; 
powers and duties of, 115- 
117. 

Grand jury, 130, 193. 

Habeas corpus, 25,. 193. 

Hamilton, Alexander, 180. 

Harbors, improvement of, 75, 
168, 169. 

Health, desire for, 15 : responsi- 
bility for, 23 ; protection of, 
by government, 31-36. 

High schools, 60, 62. 

Homestead exemption, 43. 

Hospitals, 29, 30, 67. 

House of Representatives, Ala., 
1 07- 1 10. 

House of Representatives, U. S., 
power of, over tax bills, 203 ; 
representation in, 207, 208; 
chamber of, 216; power of, to 
brin^ impeachments, 239. 

Houston, Governor George 
Smith, 101. 

Immigration, 172, 173, 228. 
Impeachments, 239. 
Implied powers of national gov- 
ernment, 190, 191. 
Indictment, meaning of, 130, 

193. 

Insane, hospitals for, 67. 
Inspection, of buildings, 28; of 

elevators, 28 ; of milk, 32 ; 

of food, 32. 



Interior, U. S. Department of, 

227, 228. 
Internal revenue, 200, 201. 
Inter- State commerce, 74, 169. 

Jefferson, Thomas, 49, 179, 185. 

Judges, election of in Ala., 127 ; 
term of in Ala., 127; salaries 
of, 128; appointment of natio- 
nal, 238 ; term of national 238. 

Judicial department, 103, 183. 

Jurisdiction of courts, meaning 
of, 125 ; of various courts in 
Ala., 125-127; of national 
courts, 232, 233. 

Jury, right of trial by, 25, 129, 
130, 184, 193, 194. 

Justice, U. S. Department of, 
227. 

Justice of peace, 125, 127, 128, 
136, 137. 

Knowledge, desire for, 16, 18; 
duty of family toward, 57, 
58; promotion of, 53-67. 

Labor, Department of, 228. 

Laws, definition of, 19; how 
made in Ala., 109, no; execu- 
tion of in Ala., 114-121; appli 
cation of in Ala., 122-130 ; 
county, 135; city, 143, 144; 
how made in Congress, 214, 
215; execution of national, 
218-229; application of nation- 
al 231-218. 

Legislative department, 103, 183. 

Legislature of Ala., houses of, 
107, 108; sessions of, 108: 
organization of, 108, 109; pow- 
ers of, no, in; meetings of, 
in. 

Legislature, national, see Con- 
gress. 

Libel, protection against, 49, 50. 

Liberty, desire for, 15/16; in a 
community, 16, 47; protection 
of, 47-52, 184-186, I92-IQ5- 

Libraries, State and Supreme 
Court, 67; public, in cities, 67. 

License taxes, 90. 



INDEX 



253 



Lieutenant Governor, duty of, 
108, 115; election of, 115. 

Life, desire for, 15, 23; govern- 
ment protection of, 23-31, 
165-168. 

Life-saving stations, 27, 168. 

Lighthouses, 27, 168. 

Liquors, regulations of sale of, 
34-36, 201, 202. 

Lobby ing; 112. 

Local option, 35, 36. 

Louisiana, purchase of, 97, 182, 
191. 

Madison, James, 49, 179. 

Marker, election, 152. 

Marshall, John, 232. 

Mayor, powers of, 143-144; elec- 
tion of, 143 ; town, 146. 

Message, of Governor, 116; of 
President, 22f. 

Military Academy, U. S., 226. 

Militia, 31, 117, 166, 167. 

Ministers, foreign, 163, 164. 

Mints, U. S„ 171. 

Mississippi Territory, 96, 97, I3 2 - 

Mobile, schools in, 54; library 
in, 67; harbor, 74, 75; popula- 
tion of, 140; government, 145. 

Mobile District, 97. 

Money system, national control 
of, 169-171. 

Montgomery, drinking water in, 
34; library in, 67; the capital 
of Ala., in; population of, 
140; government of, 145. 

Municipal code of 1907, 142, 143. 

National Constitution, see Con- 
stitution. 

National courts, see Courts. 

National government, see Gov- 
ernment. 

National Guard, Ala., 31, 117. 

Naturalization, 172. 

Naval Academy, U. S., 227. 

Navy, 167, 168, 224; U. S. De- 
partment of, 226, 227. 

New England, education in, £5, 
$7; local government in, 133. 



Nomination, by parties, 156-158; 
of President, 220, 242 ; oi 
senators, 208-211, 243; of con- 
gressmen, 244. 

Normal schools and colleges, 62. 

Ordinances, city, 143, 144. 

Parcel post, 78. 

Pardoning power, of Governor, 
117; of President, 224. 

Parks, in cities, 82, 140. 

Parties, see Political parties. 
Patents, 173, 174. 

Pavement, street, 81, 82. 140. 

Philippine Islands, 168, 195, 
196. 

Platform, party, 243. 

Police, in cities, 24, 40, 41, and 
142. 

Political parties, origin of, 155 ; 
necessity for 155, 156, 241 ; or- 
ganization of, 156, 242 ; State 
and local conventions of, 156- 
158; primary elections of, 156- 
158, 210, 211, 243, 244; control 
of, over presidential elections, 
219, 220, 242, 243 ; national 
convention of, 242; control of, 
over national legislature, 243, 
244. 

Politics, duty toward, 153, 154, 
244-247. 

Polls, 150, 151. 

Poll-tax, 91, 151. 

Poor, protection of, 30, 43, 134. 

Poorhouses, 30. 

Postal service, 76-78; control of, 
173; support of, 78, 198. 

Post-Office Department, U .S., 
227. 

Precincts, election, 127, 151, 152. 

President, powers of, 163, 221- 
^25 ; election of, 185, 218-221, 
242, 243 ; nomination of, 220, 
242; term of, 221; responsi- 
bility of, 225; qualifications of, 
225 ; successor to, 225, 226. 

Presidential electors, 218-221, 
242, 243. 



254 



INDEX 



Primary elections, meaning of, 
156-158; who takes part in, 
158; for nomination of U. S. 
senators, 210, 211, 243; of 
congressmen, 244. 

Probate, court of, 42, 125 ; 
judge of, 125, 127, 128, 136. 

Procedure, in courts of Ala., 
128, 129; in national courts, 
238. 

Progress, desire for, 18; mean- 
ing of community, 69, 70, 83 ; 
and transportation, 76. 

Prohibition, in Ala., 34-36. 

Property, definition of, 16; uses 
of, 38; in land, 38, 39, 42, 43 ; 
government protection of, 38- 
43» J 85 ; government control 
over, 43, 44; government 
ownership of, 45 ; improve- 
ment of, by schools, 66; taxes 
-on, 88-90; assessment of, 88; 
personal, 89; business, 89, 90; 
not taxed, 91, 92. 

Protection, of life, 23-31 ; of ac- 
cused persons, 25 ; of the poor, 
30, 43 ; of old soldiers, 30 ; 
of health, 31-36; of property, 
39-45; of homes, 43 ; of liberty, 
47-52, 184-186, 190-195; of 
freedom of speech and reli- 
gion, 48-51, 184, 185, 193; of 
personal freedom, 51, 186; of 
the nation, 165-169; of the 
States, 166, 185 ; of the negro, 
186, 194, 195; against the 
States, 236, 237; against Con- 
gress, 237, 238. 

Protective tariff, 200. 

Public buildings, 45, 82. 

Quarantine regulations, ^, 226. 

Railroad Commissioners, Board 
of, 74, 119. 

Railroads, protection against, 27 ; 
power of eminent domain 
given to, 44; government con- 
trol of, 73, 74; inter- State, 74, 
169. 



Real estate, taxes on, 88. 
Reapportionment, in Ala. Legis- 
lature, 107; in Congress, 207. 
Recall, 145. 
Reconstruction, Constitution in 

Ala., 100; amendments to 

national Constitution, 186. 
Recorders, city, 126, 127. 
Reformatory and Industrial 

School, 67. 
Registration of voters, 150, 151. 
Removal, of commissioners, 145 ; 

President's power of, 223, 224. 
Representative government, 

meaning of, 148, 149. 
Representatives, State Election 

of, 107. 
Representatives, national, see 

Congressmen. 
Republican Party, see Political 

parties. 
Reserved powers of the States, 

191, 192. 
Returns, election, 153. 
Revenue, county board of, 135. 
Revolutionary War, 87, 96, 164, 
. 177, 178. 
Riots, protection against, 30, 31, 

117. 
Rivers, improvement of, 74, 75, 

168, 169. 
Roads, necessity for good, 70, 

72; provision for, in Ala., 72, 

Rural free delivery, 78, 79. 

Saloon, abolition of, in Ala., 34- 

36. 
Schools, support of, 59, 60, 93, 

94; in cities, 61, 62; how the 

community is helped by, 62-66 ; 

grounds around, 82; see also 

Education. 
School system, history . of, in 

Ala., 54-57; organization of, 

119-121. 
Secession of Ala., 100. 
Secretary of State, 118. 
Sections, sixteenth, for schools, 

93. 



IXDEX 



2v= 



Senate, State, 107-110. 

Senate, U. S., power of, over 
treaties, 163 ; representation in, 
208; chamber of, 216; power 
of, over appointments, 222 ; as 
a court of impeachment, 239. 

Senators, State, election of, 108. 

Senators, U. S., election of, 208- 
212; nomination of, 208-212, 
243; term of, 211 ; qualifications 
of, 211, 212; power of, over 
appointments, 222. 

Sewerage system, 80, 142. 

Sheriff, 24, 31, 136. 

Slander, protection against, 49, 
50. 

Slavery abolished, 51, 186; in 
Ala., 56, 57, 139, 140. 

Society, classes of, in Ala., 56, 

Soldiers, care of aged, 30. 

Solicitor, circuit, 128; county, 
128, 136. 

South Carolina, claims of, to 
western lands, 97. 

Spain, claims of, to lands, 96, 97. 

Spanish-American War, 164, 167, 
168. 

Speaker, of Ala. House of Re- 
presentatives, 108; of U. S. 
House of Representatives, 212. 

213. 

State, U. S. Department of, 226. 

States, admission of new, 97-99 \ 
181, 182; protection of, against 
insurrection, 166; commerce 
between, 166, 169; restrictions 
on powers of, 171, 191, 192, 
IQ4, 195, 202 ; ratification of 
U. S. Constitution by, 180, 
181 ; equality of, 182 ; protec- 
tion of, against suits, 185, 237 ; 
dependence and independence 
of, 189, 190; powers of, 191, 
192, 244; representation of, in 
Congress, 206-208 ; protection 
against, 236, 237. 

Steamboats, regulations for, 27, 

74, 75- 
Streets, excavations in, 28; 



lighting of, 28, 40 ; cleaning of, 
32; tracks in, 75, 80; govern- 
ment control of, 79, 80; wires 
in, 80 ; appearance of, 80-82, 
140, 142. 

Suffrage, see Voters. 

Superintendent of education, 
State, 119; county, 120, 137; 
city, 120. 

Supreme Court, of Ala., 127, 
128; of United States, 2^2, 236- 
238. 

Surveyors, county, 137. 

Tariff, protective, 200. 

Taxation, necessity for, 85-87 ; 
distinguished from eminent 
domain, 86; in history, 87; 
principles of, in Ala., 87, 88; 
forms of, in Ala., 88-91 ; for 
schools, 93, 94; in cities, 143. 
144; necessity for national, 
198, 199; forms of national. 
199-202 ; national and State 

201, 202; principles of nation- 
al 202, 203. 

Taxes, definition of, 86; prop- 
erty, 88-90; license, 90: fran- 
chise, 90; privilege, 90; cor- 
poration, 90, 91 ; poll, 91, 151 ; 
general and local, 92, 93 ; col- 
lection of, 134, 137, 146, 199. 
200; indirect, 199, 201; excise, 
200, 201; stamp, 202;. direct, 

202, 203. 

Teachers, examination of, 119; 

appointment of, 120. 
Telegraph service, control of, 78, 

Telephone service, control of, 
78; in rural districts, 79. 

Territories, meaning of, 97 ; gov- 
ernment of, 98, 99 ; admission 
of, as States, 97-99, 181, 182. 

Territory, acquisition of, by U. 
S., 181, 182. 

Town meeting, 134, 148. 

Towns, local government in, 105, 
146. 



256 INDEX 



Township government, meaning 

of, 134. 
Townships in Ala., 55. 
Transportation, necessity for, 76. 
Treasurer, of Ala., 118; county, 

136; city, 143. 
Treasury Department, U. S., 199, 

200, 226. 
Treaties, the making of, 163. 
Trolley lines, 75, 76, 80. 
Trustees, board of district 

school, 120; county school, 120. 

Union of States, reasons for, 

161, 162, 1 77- 1 8 1, 
University of Ala., 62. 

Veto, of Governor, 116; of 

President of United States, 

221, 222. 
Vice-President, duty of, 212, 

225 : election of, 218-221, 242, 

243. 



Virginia and Kentucky Resolu- 
tions, 49. 

Voters, qualifications for, in 
Ala., 150, 151 ; in national elec- 
tions, 244. 

Votes, how cast, 152; how 
counted, 153; right of negro 
to cast, 186, 244. 

War, power to make, 164; U. S. 

Department of,' 226. 
War between the States, 51, 100. 

186. 
Wards, in cities, 143. 
Washington, George, 179, 181. 
Washington City, 216. 
Waterways, government control 

of, 74, 75. 
Waterworks, 80. 
Wealth, desire for, 16. 
Widows of soldiers, protection 

of, 30. 
Witnesses, 25, 19J, 



LIBRARY OF CONGRESS 



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EXCHANGE PRICE 

TYie price fixed hereon,! 
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